Terms of Use
These Terms of Use ("Terms") govern your use of the xScope application (“xScope” or “Application”) operated by Iconfactory, Inc. (“Iconfactory”, “the Iconfactory”, “us”, or “we”).
By accessing and using xScope, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Application.
1. Privacy
The Iconfactory takes your privacy seriously. The Iconfactory may automatically collect anonymous information regarding your interaction with, and use of, xScope. By using the Application, you agree that the Iconfactory may collect and use this information as set forth in the Privacy Policy.
2. Third-Party Websites
xScope may contain links to third-party web sites or services that are not owned or controlled by the Iconfactory.
The Iconfactory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Iconfactory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
3. Intellectual Property
xScope is owned and operated by the Iconfactory. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by the Iconfactory are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of the Iconfactory or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by the Iconfactory, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to the Iconfactory a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to the Iconfactory or its affiliates and/or third-party licensors. Except as expressly authorized by the Iconfactory, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. The Iconfactory reserves all rights not expressly granted in the Terms.
4. Limitation of Liability
In no event shall the Iconfactory, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
5. Representations and Warranties
Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non- infringement, or course of performance.
The Iconfactory, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements. You understand that xScope may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Iconfactory with respect hereto. The Iconfactory does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and the Iconfactory expressly disclaims any and all liability in connection with content and other materials.
6. Termination
You agree that the Iconfactory may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. The Iconfactory may also at any time discontinue providing access to xScope, or any part thereof, with or without notice. You agree that any termination of your access to xScope or any portion thereof may be effected without prior notice, and you agree that the Iconfactory will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.
7. Updates to these Terms
At times it may be necessary for us to make changes to the Terms such as due to changes in the services we offer, Apple's policies and procedures, and/or the applicable laws of the United States. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.
The Terms were last updated on the date indicated below. Any changes to the Terms will become effective when we post the revised Terms on xScope. As set forth above, your continued use of the Application after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.
8. Applicable Laws
This Application is controlled by The Iconfactory from its offices within the United States of America. We make no representation that the Content in the Application or the Application are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Application from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Application, the Content or the Terms shall be governed by North Carolina law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Guilford County, North Carolina for any legal proceedings related to the Application or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Application or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 1, 2, 3, 4, 5, 6, 7, and 8 shall survive termination of your account and/or the Terms.
9. General
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Iconfactory as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and the Iconfactory with respect to your use of the Application. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Application. Our notice to you via email, regular mail or notices or links on the Application shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
We will provide support to you related to the Application via the following methods:
Website: https://iconfactory.com
Email: webmaster@iconfactory.com
If you have any questions regarding these Terms, please contact us by email at the address above.
This policy went into effect on June 27th, 2021.