Terms & Conditions
iHound® Software Legal Statement
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY iHound® SERVICE. THE USE OF ANY iHound® SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
The iHound® Services are made available to you by iHound® Software subject to the following Terms of Service. iHound® Software may also offer other services that are governed by a different Terms of Service. iHound® Software provides these services only to persons who are above 13 years of age. By using the services you represent that you are 13 years or older.
Description of Service
iHound® Software provides users and customers with an easy to use tool that enables the user to track down their lost or stolen gadget. iHound® Software sits on your device and is able to track very detailed information using an internet connection. This information is transmitted to iHound's servers and can be accessed by the consumer via an internet connection. Consumers can also send push notifications to their devices to alert anyone around the device that it has been lost or stolen. You are responsible for the contents of your Account and Account information and iHound® Software shall not be responsible for deletion, failure to store or unauthorized access to the contents of your Account. The contents of the Accounts are created by persons over whom iHound® Software does not exercise any control and iHound® Software does not assume responsibility for the same.
Subscription Policy for iPhone / iPod Touch Tracking
For versions of iHound for the iPhone prior to version 2.0, iHound Software offers a free 7 day trial for their online proprietary monitoring service. You will NOT be charged during this trial period, but you are required to sign up for a recurring billing subscription through PayPal in order to use the tracking service during the free trial period. Following the trial period, you will be charged $9.99 each year until such time that you cancel the subscription through your PayPal account. If you cancel your service once you have been billed for your yearly subscription, no refund will be issued for that period, but you will not be billed for the following year. As an example, if you sign up for your PayPal subscription on March 1st, your trial period would end on March 8th and then you will be billed $9.99 on March 8th. If you canceled on March 7th you would incur no charges, however if you cancel the service on March 9th, you would incur the $9.99 charge for the annual period beginning on March 8th. Termination of service occurs immediately once the user cancels their PayPal subscription.
Modification of Terms of Service
iHound® Software may modify these Terms of Service without notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.ihoundsoftware.com. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.
Member Registration Obligations
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if iHound® Software has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, iHound® Software has the right to terminate your Membership and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to iHound® Software through the Service is governed by iHound® Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the iHound® Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify iHound® Software immediately of any unauthorized Account use at info at ihoundsoftware dot com. iHound® Software is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account.
Communications from iHound® Software
The Service may include certain communications via email from iHound® Software, such as service announcements, administrative messages, newsletters, etc. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing an effective service to you.
Fees and Payments
iHound® Software reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time iHound® Software requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by iHound® Software, iHound® Software shall have the right to cease providing the Service to you.
Restriction of use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the services for spamming and illegal purposes.
Spamming and illegal activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. iHound® Software reserves the right to terminate the services if iHound® Software believes that you have used the services for any illegal or unauthorized activities.
User Generated Content
You may transmit or publish content created by you using any of the iHound® services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of iHound® services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any iHound® Service, if you come across any content with copyright notice(s) or any copy protection feature's), you agree not to remove such copyright notice(s) or disable such copy protection features) as the case may be. By making any copyrighted/copyrightable content available on any of the iHound® Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that iHound® Software shall have the right to block access to or remove such content made available by you, if iHound® Software receives complaints concerning any illegality or infringement of third party rights in such content. By using iHound® services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by iHound® Software for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using iHound® services contact our legal agent via legal@ihoundsoftware.com.
Trademark
iHound® Software, iHound® Software logo, iHound, iHound® logo, the names of different iHound® Services and their logos are trademarks of iHound® Software. Inc. You agree not to display or use, in any manner, the iHound® Software trademarks, without iHound® Software' s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. iHound® SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. iHound® SOFTWARE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM iHound® SOFTWARE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iHound® SOFTWARE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF iHound® SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH iHound® SOFTWARE RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
Notice / Disclaimer
iHound products are designed to be used ONLY in a lawful manner. These products are NOT to be used to violate federal and/or state laws. GPS tracking of individuals without their knowledge may be prohibited in some areas under certain conditions. iHound and Daveworld, its subsidiaries and partners will not be held responsible for inappropriate use of these or any other products. DO NOT ATTEMPT TO RECOVER A STOLEN DEVICE YOURSELF OR ARRANGE FOR A THIRD PARTY TO RECOVER A DEVICE OTHER THAN YOUR LOCAL POLICE SERVICE. YOU RISK ENDANGERING YOURSELF OR OTHERS AROUND YOU AND/OR DAMAGING YOUR PROPERTY iHound files are made available with the understanding that data is provided with no warranties, expressed or implied, concerning data accuracy, completeness, reliability, or suitability. iHound shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Information, or for any delay or interruption in the transmission thereof to the user, or for any Claims or Losses arising therefrom or occasioned thereby. The end user assumes the entire risk as to the quality of the data. We will use reasonable efforts to ensure this website is always secure, and all information on this site is up-to-date and accurate. Despite these efforts, information on this website may contain inaccuracies or typographical errors. Information on this site is provided "as-is" without warranty of any kind, either express or implied. Information may be changed or updated without notice. You understand and agree that your download or otherwise obtain material or data through the use of our website at your own discretion and risk and that you will be solely responsible for any damages to your computer system, loss of data or devices that results data loss or stolen device. iHound reserves the right to make changes, deletions, corrections and/or improvements to this website and to products described on this website, at any time without any notice. iHound shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use this website or any errors or omissions in the content of this website. iHound assumes no responsibility and shall not be liable for any damages to your computer or viruses that may infect your computer equipment or other property resulting from your access to this website. No statement on this site is to be interpreted as a promotion or advertisement for a product or for the use of a product that is not authorized by the laws and regulations in your country of residence. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THESE PRODUCTS.
Indemnification
You agree to indemnify and hold harmless iHound® Software, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, iHound® Software may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Termination
You agree that iHound® Software may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Service or the iHound® Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your iHound® Software Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law. However, if you decide to terminate iHound Software, you must follow the directions provided by customer support or located on the FAQ page, it is the user's responsibility to ensure these changes occur.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at info at ihoundsoftware dot com.
