Before getting to the legal mumbo jumbo, Sundeep Patel (company founder) would like to say more than a few words:
By opening this, you must care. Well you're in good company because we do too!
OUR PLEDGE TO YOU:
We Pledge never to lose sight of our founding mission, which is to "Create and share beautiful application instructions in the least amount of time". We want to get you back to doing work that matters or at least back to surfing the net.
We Pledge that you will always maintain full control (all rights reserved) of the instructions you create. You can delete the instruction from our server at any time. A copy of the images and text (XML) used in the instruction are automatically maintained on your computer hard drive (C:\Users\Account Name\.IORAD\projects), so you don't lose your hard work. We will not copy or modify your instructions without YOUR permission.
We Pledge to always keep your personal information, private. We will never share or spam your email account. All recorded typing/keystrokes in the recording frame are encrypted. To unencrypt typing press the "Record Typing" button.
We Pledge to always listen to your feedback (both good and bad) and treat it as an opportunity to deliver something remarkable (Seth Godin - Purple Cow). Remarkable is hard, so in return we hope you cut us some slack as we screw-up along the way.
Legal Jargon starts now:
IORAD's TERMS OF USE & PRIVACY POLICY
These Terms of Use apply to this website, which is the website of IORAD (the "Company"), and to the Company's IORAD application for creating application instructions. Collectively the website and the application will be referred to herein as the "Site". ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE SITE. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.
There are two general types of users, registered users that have registered with the Company ("Registered Users"), and unregistered users of the Site ("Unregistered Users"), such as someone invited to view another's instruction. The Registered Users may include (i) paid members that have registered for a subscription ("Paid Users") and (ii) free users ("Free Users"). The Site provides Registered Users with the ability to create instructions automatically by recording their actions inside a java applet. The Unregistered user can only view instructions.
If you become a Paid User, you agree to pay all fees associated with that subscription ("Fees"). The Company may provide you with the ability to pay the Fees through a service such as PayPal or Google Checkout. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
GENERAL
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and your continued use of the Site constitutes your agreement to be bound by such modifications, alterations or updates.
We reserve the right to suspend, modify or discontinue the Site, temporarily or permanently, at any time without notice. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. The information and materials on the Site may include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
The Site contains information about products or services that may or may not be available in any particular country or region of the world. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify the Company immediately if you learn of an unauthorized use of your password.
All information we obtain about you in connection with your use of this Site is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.
INTELLECTUAL PROPERTY
You agree to comply with all applicable local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In creating an instruction using the Company's proprietary software, you will be able to use your own content such as photos, graphics, text, or video segments. You retain any and all rights you hold with respect to your own content. If you are not the creator of content, then you must get permission from the creator of the content to use the content with the Company's proprietary software. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. ?You warrant that content uploaded by you, either from your own computer or another Site/server, is either created or owned by you, or you have the necessary licenses, rights and permissions to use the content as contemplated by the Site. ?You hereby grant to the Company a royalty-free, perpetual license to use and, display and host your content solely to the extent necessary for the Company to provide the services in the Site.
LIMITED LICENSE
The Company hereby grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the Site according to the provisions contained herein, and subject to the payment of the subscription fees, if applicable, and adherence to these terms. You will not, without the prior written consent of the Company, decompile, reverse engineer, disassemble, analyze, modify, adapt, convert, create derivative works from, or otherwise attempt to derive, and software or other content contained in or incorporated as part of, the Site. You will not remove any logos, copyright notices, or trademarks on any materials created using the Site.
Free Users
Free Users are hereby granted a limited license to create a "web link" to any instruction created by them using the Site, which will be hosted on the Company's servers. Web links may be distributed to Unregistered Users for personal and commercial use. Free Users are also granted a limited license to create a pdf file of slides of any instruction created using the Site, which may be distributed by the Free User for personal or commercial user.
Paid Users
Paid Users are hereby granted the same license to use the Site as Free Users, and a limited license to download a copy of the instruction player and instruction created by a Paid User using the Site. Paid Users shall have the right to deploy the instruction and instruction player on a single web server. Paid Users shall have the right to download "pptx" and "docx" versions of their instruction slides.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third-Party Websites
The Company may provide hyperlinks to third-party websites as a convenience to users of the Site. The Company does not control any third-party website and is not responsible for and makes no representations concerning the contents of any hyperlinked third-party website or any hyperlink in a hyperlinked site. The Company does not endorse, recommend or approve any third-party website or the contents of any third-party website hyperlinked from the Site. The Company shall have no liability to any entity for the content or use of the content available through such hyperlink.
