TERMS OF USE
ICONICS Sites Terms of Use
APPLICATION AND ACCEPTANCE OF TERMS AND CONDITIONS.
ICONICS, Inc. and its subsidiary entities (“ICONICS”, “Company” “we”, “us” or “our”) provides and makes available our website, sites, web applications and other applications, including without limitation iconics.com (collectively, the “Sites”). All use of the Sites is subject to the terms and conditions contained in this Terms of Use Agreement (the “Terms”).
By accessing, browsing, or otherwise using the Sites you expressly agree to these Terms, as updated from time to time. Please read these Terms in full. ICONICS may update these Terms at any time without prior notice. The changes we make will become effective at the time we post a revised copy of these Terms to the Sites. A current copy of these Terms is posted on our website here: iconics.com/Terms-and-Conditions.
USE OF THE SITES.
You may access and use the Sites the purpose of viewing information about our Company and in connection with evaluating the ICONICS Products. For the purposes of these Terms, ICONICS Products include ICONICS Software (including any updates and modifications thereto as well as any tools and utilities owned by ICONICS that are provided therein or therewith), ICONICS Services (including pre-sales support, post-sales support, QPS, technical support and maintenance), and related information, materials, technology, or data. Use of any ICONICS Products that are made available on the Sites is subject to the ICONICS License Agreement (“License Agreement”), a current copy is posted on our website here: iconics.com/License-Agreement.
The Sites contain material, including without limitation software, text, data, designs, images, audio, video, code, and artwork (collectively, the “Content”). The Sites and Content are owned by us and our licensors. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except for informational and non-commercial use in connection with evaluating the ICONICS Products. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. ICONICS provision of the Sites or your access and/or usage thereof does not transfer to you, any rights, title or interest in or to the intellectual property rights described herein and you are not provided any rights, title or interest in or to the intellectual property rights described herein. ICONICS reserves all rights not granted by these Terms.
ICONICS may, without prior notice or reason, reduce or change the Content for all or some users, or completely (or temporarily) remove some or all the Content and/or the Sites. You may only use Content currently available on the Sites (e.g. no prior versions or content that has been removed).
NO UNLAWFUL OR OTHERWISE PROHIBITED USE.
You are prohibited from using the Sites or Content for any purpose that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or not specifically authorized by these Terms. You may not use the Sites in any manner that could damage, disable, overburden, or impair any ICONICS servers or networks, or in any manner that could interfere with use of the Sites. You may not attempt to gain unauthorized access to the Sites, to any ICONICS Products, to other Site users’ accounts, to any computer systems or networks connected to the ICONICS system or to any other information, materials and/or data provided on the Sites by any means including without limitation, hacking or password mining. You may not access or obtain, or attempt to access or obtain, any Content, materials, information and/or data that has not been intentionally made available to you by ICONICS in such format as provided on the Sites. You may not “frame”, “mirror” sell, transfer, assign, license, sublicense, make a derivative version of, reverse engineer, decompile, disassemble, or modify the Sites, any portion of the Sites, the Content, or any part of the Content.
TERM AND TERMINATION.
These Terms will remain in full force and effect during your use of the Sites and while you use or possess Content. If you violate, or should ICONICS at our sole discretion, believe that you may violate these Terms, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
These Terms as they relate to the collection, storage and use of your Personal Data, are subject to the ICONICS Privacy Policy. See ICONICS Privacy Policy for definition of Personal Data. A current copy of ICONICS Privacy Policy is available at https://iconics.com/Privacy and its terms and conditions as applicable, are incorporated by reference herein.
DISCLAIMER.
THE SITES ARE PROVIDED "AS-IS" AND ICONICS EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ICONICS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITES OR CONTENT. THE SITES OR CONTENT MAY INCLUDE TECHNICAL INACCURACIES, INCORRECT OR NONCURRENT INFORMATION, AND TYPOGRAPHICAL OR OTHER ERRORS. UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY ICONICS, WE MAKE NO WARRANTY THAT THE SITES, INCLUDING THE INFORMATION, MATERIALS AND DATA ON THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR COMPLETE.
NOTICE SPECIFIC TO SOFTWARE MADE AVAILABLE ON SITES.
You may use ICONICS Products made available for download on Sites solely in accordance with the terms and conditions of the ICONICS License Agreement (“License Agreement”) and as further explained in this Section. A copy of the License Agreement is available on our Website here: iconics.com/License-Agreement.
ICONICS WARRANTS THE SOFTWARE AVAILABLE ON THE SITES SOLELY AS PROVIDED BY THE LIMITED WARRANTY TERMS OF THE LICENSE AGREEMENT. (SEE LICENSE AGREEMENT FOR LIMITED WARRANTY TERMS). ICONICS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSE, IN NO EVENT SHALL ICONICS BE LIABLE FOR ANY COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES. ICONICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
THE SITES MAY CONTAIN SOFTWARE TOOLS AND UTILITIES WHICH MAY BE AVAILABLE FOR DOWNLOAD OR USE; ALSO, SUCH TOOLS AND UTILITIES MAY BE PROVIDED WITH OR INCLUDED WITHIN ITS SOFTWARE PRODUCTS. YOUR USE OF SUCH TOOLS AND UTILITIES IS SUBJECT TO THE LICENSE AGREEMENT. ICONICS DOES NOT MAKE ANY ASSURANCES, WARRANTIES OR REPRSENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT MAY BE DERIVED FROM YOUR USE OF ANY SUCH TOOLS AND UTILITIES. YOU ARE REQUIRED TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF ICONICS AND ANY THIRD PARTIES (AS MAY BE APPLICABLE) WHEN USING SUCH THE TOOLS AND UTILITIES.
RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from the Sites by, for, or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights, subject to the applicable laws and regulations, or any part thereof, which set forth conditions and restrictions regarding the use, duplication, and/or disclosure by the U.S. Government.
Any beta, preview, or pre-release version of software, features, technologies, tools, or code that is made available to you on the Sites but that ICONICS does not make commercially available (the “Beta Software”), shall be subject to, and used by you solely in accordance with, all terms related to the Beta Software posted on the Sites or otherwise made available to you in connection with the Beta Software. The Beta Software is provided "As Is" without any warranty of any kind. ICONICS disclaims any and all warranties, representations, and conditions relating to the Beta Software, whether express, implied, or arising by custom or trade usage, including but not limited to any representation, warranty, or condition of merchantability, fitness for a particular purpose, title, or non-infringement. We take no responsibility for the effects on your software, hardware, network or equipment of the installation or operation of the Beta Software. You acknowledge and agree that the Beta Software is still under development, may contain defects, deficiencies, errors and omissions and is not at a level of functionality, performance or compatibility of a commercial product offering.
INDEMNITY.
You agree to indemnify and hold ICONICS (and its officers, employees, and agents) harmless from damages, including related costs and attorneys’ fees, from any claim or demand made by any third party arising out of or related to (a) your use of the Sites, Content, or ICONICS Products obtained from the Sites, (b) Your Content, or (c) your violation of these Terms. You further agree not to settle any matter without the prior written consent of ICONICS, which shall not unreasonably be withheld. ICONICS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ICONICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE SITES, PERFORMANCE OF THE SITES, THE INFORMATION, MATERIALS AND DATA PROVIDED ON THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SITES OR INFORMATION, MATERIALS AND DATA AVAILABLE FROM THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY ICONICS, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (IN THE AGGREGATE) ARISING FROM OR RELATED TO THESE TERMS OR YOUR USAGE OF THE SITES, INCLUDING THE INFORMATION, MATERIALS AND DATA PROVIDED ON THE SITES, WILL AT ALL TIMES BE LIMITED TO TWENTY-FIVE US DOLLARS ($25).
REGISTRATION OF ACCOUNTS, PASSWORDS, AND SECURITY.
To use certain parts of the Sites, you may be required to create an account by completing the registration process with current, complete, truthful and accurate information as prompted by the registration form (“Account”). You also will be required to choose a username and password for the Account. You are solely responsible for maintaining the confidentiality of your password and Account information. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify ICONICS immediately of any unauthorized use of your Account or any other security incident. ICONICS will not be liable for any loss that you may incur as a result of a third party using your Account, whether with or without your knowledge. However, you could be held liable for losses incurred by ICONICS or another party due to unauthorized usage of your Account. If during the past 90 days, you have no usage of your Account, we may delete your Account with or without prior notice to you.
MATERIALS PROVIDED TO ICONICS OR POSTED ON THE SITES.
We may host message boards, collaboration spaces, blog feeds, social media feeds, and other forums on the Sites (the “Discussion Forums”), and you may be able to submit materials, including without limitation feedback, suggestions, artwork, audio recordings, video recordings, photographs, images, data, text, and other materials (“Your Content”) to the Sites which may be accessed by other users of the Sites. By submitting Your Content to the Sites, you grant ICONICS a non-exclusive, worldwide, transferable, sublicensable, royalty-free license (i) to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works of, commercialize, and reformat Your Content in ICONICS sole discretion. Should ICONICS or any sublicensee use Your Content in any manner as set forth above, there will be no compensation of any kind paid to you. ICONICS is under no obligation to use any of Your Content.
By submitting Your Content, represent to ICONICS (i) that you own Your Content or that the rightful owner has granted you all necessary permission for you to provide, post, upload, input or submit the Your Content under these Terms and (ii) that you have the rights necessary to grant to ICONICS, the licenses and rights to sublicense as described in this section above.
We have the right (but not the obligation) to monitor the Sites, including Your Content. ICONICS may remove Your Content from the Sites at any time in our sole discretion. ICONICS reserves the right at all times and in its sole discretion to disclose any of Your Content to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
ICONICS does not control or endorse Your Content or other information found in any Discussion Forum and ICONICS specifically disclaims any liability with regard to Your Content and any communication made including any actions resulting from your participation in any Discussion Forum. Discussion Forum hosts may not be authorized ICONICS spokespersons, and their views do not necessarily reflect those of ICONICS.
Materials uploaded to forums or message boards may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
FORWARD LOOKING STATEMENTS
Information provided on the Sites (including the Content) may include “forward-looking statements”. Forward-looking statements include without limit, information regarding strategies or plans for future operations; new features, enhancements, or upgrades to our existing applications, plans for future applications; expected performance or benefits of our offerings; statements about current or future economic conditions; financial results, industry conditions, or any other information that predicts, projects, uses, or depends on future events as expectations or possibilities. All information other than historical fact should be deemed forward-looking statements.
Forward-looking statements are not assurances, they are subject to inherent uncertainties, risks, and assumptions that are difficult to predict and many of which fall outside of our control. Our actual results and financial condition may differ materially from those indicated in the forward-looking statements, and therefore you should not rely on any forward-looking statements that we may make. ICONICS assumes no obligation for, and does not intend to update, any forward-looking statement that may turn out to be inaccurate.
Any unreleased services, features, functionality, or enhancements referenced on the Sites (including the Content) are subject to change at any time in ICONICS sole discretion and may not be delivered as planned or at all. Customers who purchase ICONICS Products should make their purchase decisions based on released features and functions that ICONICS currently makes commercially available.
LINKS TO THIRD PARTY SITES.
THIRD PARTY LINKS MAY BE PROVIDED ON THE SITES – BY CLICKING ON A THIRD-PARTY LINK, YOU WILL LEAVE THE SITES AND WILL ACCESS THE RELEVENT THIRD PARTY WEB PAGE (“LINKED SITES”). LINKED SITES ARE NOT UNDER THE CONTROL OF ICONICS AND ICONICS IS NOT RESPONSIBLE IN ANY MANNER WHATSOEVER FOR THE LINKED SITES, INCLUDING BUT NOT LIMITED TO (I) THE CONTENTS OF LINKED SITES (II) ANY LINK CONTAINED (OR CONTENTS OF RESULTING SITE) IN A LINKED SITE, OR (III) ANY CHANGES OR UPDATES TO LINKED SITES. ICONICS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICONICS PROVIDES THESE LINKED SITES TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY THIRD-PARTY LINK ON THE SITES DOES NOT EXPRESS OR IMPLY ENDORSEMENT BY ICONICS OF SUCH WEBSITES.
TRADEMARKS. All ICONICS Product trademarks and other trademarks, service, marks, and logos of ICONICS (the “ICONICS Trademarks”) used and displayed on the Sites (including the Content) are the property of ICONICS. You are required to properly identify ICONICS trademarks and clearly state ICONICS Products’ names using ICONICS’ syntax, for example: GENESIS64TM. Third party products and company names contained on the Sites may be the trademarks or services marks owned by our affiliate companies or third-parties (collectively with ICONICS Trademarks, the “Trademarks”) Nothing on the Sites or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the prior written consent of ICONICS specific for each such use. The Trademarks may not be used to disparage ICONICS, our affiliates, or the applicable third-party or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any ICONICS Trademark shall inure to ICONICS’ benefit.
MISCELLANEOUS. These Terms are governed by the laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ICONICS expressly submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Sites. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. Failure by ICONICS to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. Except as expressly agreed in writing by ICONICS and you, these Terms constitute the entire agreement between you and ICONICS with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between ICONICS and you with respect to the subject matter. Any information submitted or provided by you to the Sites might be publicly accessible; important and private information should be protected by you. ICONICS is not liable for protection of privacy of information transferred through the Internet or any other network that you may use.
This document was last updated on October 18, 2024.