Iris Works Terms of Use

Last Update: February 24, 2015

Welcome to Iris-works.com by Iris Works, LLC., an Indiana limited liability company (“Iris Works,” “We,” “Us”). By using Iris Works’ Iris-works.com (and all sub-domains and Internet properties) (the “Site” or “Website”), or any other Iris Works services and applications made available by Iris Works (together, the “Services”), you agree to be bound by all the terms, conditions and notices contained or referenced herein (the “Terms”). The Terms referenced herein are a binding contract between you and Iris Works. These Terms govern your access to and use of the Services, and any information, content, media, graphics, videos, sounds, images, files, or other material uploaded, downloaded or distributed using the Services (collectively referred to as “Content”). We reserve the right to change the Terms by posting revisions to the Services at any time. Your continued use of the Services indicates your agreement to any revised terms. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy. Please read on to learn the rules and restrictions that govern your use of our Services. If you are using Iris Works on behalf of a company or other legal entity you are still bound by this agreement. If you do not want to become a user, do not conclude this agreement, and do not access, view, download, or otherwise use any Site, information or Services. We encourage you to read this Agreement with great care in order to participate with us as a User. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at                          .

Definitions

“User,” or collectively “Users,” refers to any party who accesses the site, and includes, without limitation, Content Providers. “Content Providers” refers to third parties who post information or other content on the site. “Access” means viewing or otherwise obtaining or requesting information using the site.

  1. Intellectual Property Notices
    1. Iris Works grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive limited license to access and make personal use of the Services proved to you by Iris Works. This license is solely for the purpose of allowing you to use the Services as provided by Iris Works, as provided by these Terms.
    2. All content on iris-works.com, including the logo, articles, other text and graphics are the intellectual property of Iris Works and protected trademark, trade dress, patent, copyright and other laws. You may not otherwise download, modify, copy, print, display, reproduce, distribute, publish, decompile, reverse engineer, or disseminate any portion of the Services or Content except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    3. You may not, and you will not encourage, assist or authorize the following prohibited activities on or through the Services: (i) using a robot, spider, script, automated process, or manual process to “scrape” the Services content; (ii) taking any action that imposes an unreasonable or disproportionately large load on Iris Works’ hardware or software infrastructure; (iii) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code, whether in whole or in part, or create any derivative works from or of the Services; (iv) engaging in or promoting any illegal activities; and (v) engaging in any activity that markets another business or attracts Iris Works’ customers to a third party.
    4. Users or Content Providers posting their own content on the site pursuant to the terms of these Terms of Use retain the copyright in such material, but they are deemed to have given Iris Works a license to the material sufficient for the purposes of operating the website, which means Iris Works can copy the material for backup and archival purposes, display it on the website, use for targeted in site advertising and/or lead generation, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the website in whole or in part, and fully-paid up. Iris Works also has the right to remove User or Content Provider content from the site at any time for any purpose.
    5. Additional third party terms or conditions associated with third party products and/or services may be offered by Iris Works. Any third party terms or conditions contained within or distributed with certain portions of the Services may apply to those Services. All software used in connection with any of the Services is the property of Iris Works, or its software suppliers and protected by United States and international copyright laws.
    6. Upon any termination, all licenses, or other grants of rights to you under these Terms will immediately cease.
  2. Service Eligibility
    You represent and warrant that you (i) are not under the age of 13; (ii) have not previously been suspended or removed from Iris Works; (iii) are not a direct competitor of Iris Works; and (iv) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Iris Works, including, but not limited to, Internet Explorer 10.0 or higher, Mozilla Firefox 30.0 or higher, Chrome 30.0 or higher or Safari. The materials on Iris Works may not be appropriate or functional for use outside the United States of America. Users located outside the United States use Iris Works understanding this limitation.
  3. General Terms and Conditions
    1. Your use of Iris Works is your express indication to us that you agree to be bound by these terms of use. We may modify the terms and conditions of this Agreement. Any modification will not in anyway compromise the privacy of your account’s confidential information stored using our service. Your further use of Iris Works or any tool or service that we provide to you subsequent to a change or modification of this Agreement is your express indication to us that you agree to be bound by any change or modification in this Agreement.
    2. You must provide correct and complete personal and business information as requested by us in the Iris Works registration process. As part of your use of Iris Works, you may be required to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights. You agree that you will not register, create, or use any accounts that violate the Trademark or Copyright rights of another entity or individual.
    3. Iris Works exercises no control over any content you or others submit while using Iris Works. Iris Works has no obligation to verify the identity of any Users when they are connected to Iris Works or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable and/or confidential information collected through Iris Works in our Privacy Policy, which is hereby expressly incorporated by reference, and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Iris Works.
    4. You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (info@iris-works.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Iris Works account or any information therein to another party or charging anyone for access to any portion of Iris Works, or any information therein.
    5. Iris Works reserves the right, in our sole discretion, to block, delete, modify, disable, or terminate any account or username that Iris Works determines in our sole discretion violates these Terms, without any notice, at any time, and without any liability.
    6. You understand that the Website is not a storage solution for all of your Content and therefore you should back-up all Content.
  4. Prohibited Conduct.
    User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

    1. Use any device or other means to harvest information about other Users.
    2. Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
    3. Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or Iris Works employee’s computer or other medium used to access the site.
    4. Post any material on the site that is offensive to any other User. Iris Works maintains the exclusive right to determine what is offensive.
    5. Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
    6. Modify the information, including headers, found on the site.
    7. Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
    8. Engage in any action which Iris Works determines is detrimental to the use and enjoyment of the site.
    9. Use the site for any unlawful or defamatory means.
    10. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest, including any explicit images.
  5. Cancellation & Refund Policy
    1. You may cancel any monthly event payment to Iris Works and all other products, services and tools that we offer which you subscribe to by notifying us in writing at info@iris-works.com. Your cancellation will be effective within 3 business days of notice. You are responsible for all fees incurred up to and including the date of cancellation, including the 3-day delayed effective date. In no event will cancellation constitute a refund of fees already paid for Iris Works or any and all other products, services and tools that we offer which you subscribe to.
    2. You acknowledge and agree that we may send you important information and notices regarding the Services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Iris Works, its Users and the public.
  6. Other Intellectual Property Rights
    1. Iris Works respects other entities’ and individuals’ Copyright, Trademark and other Intellectual Property (“IP”) rights and expects all our users to do the same. A User may address a Copyright, Trademark or IP violation by directly reaching out to the User uploading, downloading or distributing the allegedly infringing Content. If you are unsure about your IP rights, please seek legal consultation.
    2. Making intentionally false accusations of IP rights infringement are a violation of these Terms, and may result in the termination of the User’s account, and/or be punishable in the United States or similar laws in other countries.
    3. If you believe Copyright rights are being infringed, you may report such violations by contacting our designated Copyright Agent via email at info@iris-works.com, or at Iris Works, LLC, [address], and including the following information:
      1. Sufficient details to enable Iris Works to identify the work and the rights claimed to be infringed. For example, the title, author, any registration or tracking number, URL, etc., should be disclosed.
      2. Sufficient details to enable Iris Works to identify and locate the material that is claimed to be infringing. For example, a URL to the page that contains the material, or the name of the account displaying the material.
    4. Your contact information, including your name, an email address, or a phone number so that we can contact you.
    5. A statement that you have a good faith belief that the use of the allegedly infringing material identified is not authorized by the copyright owner, its agent, or the law;
    6. A statement, UNDER PENALTY OF PERJURY, that the information you have disclosed is accurate and that you are the owner of the exclusive rights that is alleged to be infringed, or is authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
    7. Your physical or electronic signature.
    8. Upon a proper, bona fide filing of a Copyright takedown notice with our designated agent, we reserve the right to:
      1. Remove or disable access to the infringing material;
      2. Notify the Content provider, or user who is accused of infringement that we have removed or disabled access to the applicable material; and
    9. Terminate such Content provider’s, or user’s access to the Services if he or she is a repeat offender.
    10. If you believe Trademark or other Intellectual Property rights are being infringed, you may report such violations by contacting us via email at info@iris-works.com, and including the following information:
    11. Sufficient details to enable Iris Works to identify the mark and the rights claimed to be infringed, and information locate the material that is claimed to be infringing on the mark.
    12. Your contact information, including your name, an email address, or a phone number so that we can contact you.
    13. A statement that you have a good faith belief that the use of the allegedly infringing material identified is not authorized by the trademark owner, its agent, or the law;
    14. A statement, UNDER PENALTY OF PERJURY, that the information you have disclosed is accurate and that you are the owner of the exclusive rights that is alleged to be infringed, or is authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
    15. Your physical or electronic signature.
  7. INDEMNITY
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IRIS WORKS AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF USE OF IRIS WORKS, YOUR USE OF OR CONNECTION TO IRIS WORKS (INCLUDING ANY USE BY YOU ON BEHALF OF YOUR EMPLOYER), YOUR VIOLATION OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR SUBMISSION OR USE OF ANY CONTENT THAT IS (A) FRAUDULENT, INACCURATE, A MISREPRESENTATION, DISHONEST, OR (B) IS A VIOLATION OF ANY RIGHTS OF ANY THIRD PARTIES.
  8. DISCLAIMER OF WARRANTIES
    1. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
    2. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION AND IRIS WORKS SERVICES (AS DEFINED ABOVE) ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IRIS WORKS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IRIS WORKS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF IRIS WORKS.
    3. IRIS WORKS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) IRIS WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DRAWVEW WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN IRIS WORKS WILL BE CORRECTED. IN PARTICULAR, IRIS WORKS’ OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. IRIS WORKS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, IRIS WORKS DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE IRIS WORKS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON OUTSIDE THE REASONABLE CONTROL OF IRIS WORKS.
    4. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY WEBSITE CONTENT FROM IRIS WORKS, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IRIS WORKS IS NOT A STORAGE SITE AND DISCLAIMS ANY LIABILITY FOR CONTENT NOT SEPARATELY BACKED-UP BY THE USER THAT IS DAMAGED BY USE OF THE SERVICES.
    5. IRIS WORKS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH IRIS WORKS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE IRIS WORKS SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON IRIS WORKS MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
    6. IRIS WORKS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS IRIS WORKS SERVICES BY OTHER USERS; THEREFORE, IRIS WORKS DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF IRIS WORKS.
  9. LIMITATION OF LIABILITY
    1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
    2. TO THE FULL EXTENT PERMITTED BY LAW, IRIS WORKS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH IRIS WORKS, EVEN IF IRIS WORKS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE IRIS WORKS; (ii) 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 IRIS WORKS; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IRIS WORKS, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iv) IRIS WORKS CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
  10. Termination of Service
    We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that any material breach of this Agreement will result in irreparable harm to Iris Works for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Iris Works will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Iris Works seeks such an injunction.
  11. Advertisements and Promotions
    Iris Works may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Iris Works found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Iris Works is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Iris Works advertisers on the Website.
  12. Third Party Content
    You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Iris Works is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Website Content, advertising, products, or other materials on or available from such sites or resources. Iris Works will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Website Content, goods or services available on or through any such site or resource.
  13. Use of Third Party Applications
    From time to time, Iris Works uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to email delivery, calendar sharing, and user use data— Iris Works will pass data—including, but not limited to, user login credentials, contact data, email addresses, and other stored information for your clients, guests or event—to third parties. Iris Works is not required to disclose third parties involved in any of the above described transactions or features.
  14. Controlling Law
    Indiana law and controlling U.S. federal law govern any action related to the Terms of Use and/or your use of the Website. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use. You and Iris Works agree to submit to the personal and exclusive jurisdiction of the courts located within the court of Indianapolis, Indiana, U.S.A.
  15. Entire Agreement
    This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.