Last updated March 15th, 2018.
These terms govern your use of our application or services (collectively, “Services”) and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms.
1. How this Agreement Works.
1.1. Choice of Law. If you reside in The United States of America, your relationship is with Global Crisis Awareness LLC, a United States company, and the Services and Software are governed under the laws of Ohio. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.
1.2. Eligibility. You may only use the Services if you are (a) over 12 years old and (b) allowed by law to enter into a binding contract.
1.3. Software. The Software is licensed, not sold, only in accordance with these terms.
1.4. Modification. We may modify or discontinue the Services, Software, or any portions or features thereof at any time without liability to you or anyone else.
2. Use of Service.
2.1. License. Subject to your compliance with these terms and the law, you may access and use the Services.
2.2. Intellectual Property. We remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.
3. Your Content.
3.1. Ownership. All rights and ownership of data is reserved by Global Crisis Awareness LLC.
3.2. Licenses to Your Content in Order to Operate the Services. From time to time we may require certain licenses from you to your account information with external parties in order to operate and enable certain features and Services. This license is only for the purpose of operating and improving the Services.
3.3. Our Access. We will not access, view, or listen to any of your content, except as reasonably necessary to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.
3.4. Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups and in adherence to data compliance legislation.
3.5. Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-¬licensable and transferrable, to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
3.6. Account Information. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account with the exception of a life threatening emergency. If you are under the age of 18, a parent or guardian may use your account information to manage your use and access to the Services.
4. Use of Software.
4.1. Subscription-Based Software License. If we provide the Software to you as part of a subscription to use the Services, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software: (a) in the Territory, (b) so long as your subscription is valid, and (c) consistent with these terms and related documentation accompanying the Software. “Territory” means worldwide, but excludes any U.S. embargoed countries and countries where you are prohibited from using the Software or the Services.
4.2. Other License Types.
4.2.1. Evaluation Version. We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or other similar designation (“Evaluation Version”). You may install and use the Evaluation Version only during the evaluation period and only for evaluation purposes. You must not use any materials you produce with the Evaluation Version for anything other than non-commercial purposes.
4.2.2. Pre-release Version. We may designate the Software or Services as a pre-release or beta version (“Pre release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede this section.
4.3. Activation. The Software may require you to take certain steps to activate your Software or validate your subscription. Failure to activate or register the Software, validate the subscription, or a determination by us of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription.
5. User Conduct.
5.1. Responsible Use. You must use the Services responsibly.
5.2. Misuse. You must not misuse the Services or Software. For example, you must not:
5.2.1. copy, modify, host, sublicense, or resell the Services;
5.2.2. enable or allow others to use the Service or Software using your account information;
5.2.3. use the content or Software included in the Services to construct any kind of database;
5.2.4. access or attempt to access the Services by any means other than the interface we provided or authorized;
5.2.5. circumvent any access or use restrictions put into place to prevent certain uses of the Services;
5.2.6. Share content or engage in behaviour that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
5.2.7. Share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
5.2.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.2.9. attempt to disable, impair, or destroy the Services, software, or hardware;
5.2.10. disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
5.2.11. market or advertise any products or services through the Services unless we specifically allowed you to do so;
5.2.12. use any data mining or similar data gathering and extraction methods in connection with the Services; or
5.2.13. violate applicable law.
You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. You are responsible for all related collection costs and expenses.
7. Your Warranty and Indemnification Obligations.
7.1. Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.
7.2. Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable legal fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
8. Disclaimers of Warranties.
8.1. Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
8.2. We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
9. Limitation of Liability.
Unless stated in the Additional Terms, we are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
10.1. Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
10.2. Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your information. Unless stated in Additional Terms, we may at any time terminate these terms with you if:
10.2.1. you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
10.2.2. you fail to make the timely payment of fees for the Software or the Services, if any;
10.2.3. we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
10.2.4. we elect to discontinue the Services or Software, in whole or in part.
11. Dispute Resolution.
11.1. Venue. Any claim or dispute you may have against us must be resolved by a court located in Cincinnati, Ohio, USA. You agree to submit to the personal jurisdiction of the applicable court for the purpose of litigating the claim or dispute. The parties specifically disclaim the applicability of the U.N. Convention on Contracts for the International Sale of Goods.
11.2. Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
12. Specific Software Terms.
This section applies to specific Software and components. If there is any conflict between this section and other sections, then this section governs in relation to the relevant Software or components.
13. Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
18 W 7th St, Suite 300
Cincinnati, OH 45202,
14. Compliance with Licenses.
If you requiring members or employees of a business, company, or organization to utilize i11, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
15.1. Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
15.2. Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
15.3. Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent. We may transfer our rights under these terms to a third party.
15.4. Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
15.5. No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
16. Third-Party Notices.
16.1. Third-Party Software. The Software may contain third-party software, subject to additional terms and conditions.
17. Application Platform Terms.
17.1. Apple. If the Software is downloaded from the Apple iTunes Application Store, then you acknowledge and agree to the following additional terms: (a) Apple has no liability for the Software and its content; (b) Your Use of the Software is limited to a non-transferable license to Use the Software on any iPhone™, iPad™ or iPod Touch™ that you own or control as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance or support services for the Software; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the Software and Global Crisis Awareness LLC will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Apple is not liable for any claims relating to the Software or your possession and/or Use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal requirement; and (iii) consumer protection claims; (f) Apple is not liable for any third-party claims that the Software infringes a third party’s intellectual property rights; and (g) Apple and its subsidiaries are third party beneficiaries of this Agreement with respect to any Software, and that Apple will have the right to enforce the Agreement against you as a third party beneficiary.
21.2 Android. If the Software is downloaded from the Google Play App Store, then you acknowledge and agree to the following additional terms: (a) you may only Use the Software on up to five (5) Android devices associated with your account; (b) Google has no liability for the Software and its content; (c) Google, device manufacturers, and network operators have no obligation whatsoever to furnish any maintenance or support services for the Software; (d) to the extent permitted by applicable law, Google has no warranty obligation to the Software and Global Crisis Awareness will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Google is not liable for any claims relating to the Software or your possession and/or Use of the Software, including, but not limited to: (1) product liability claims; (2) any claim that the Software fails to conform to any applicable legal requirement; and (3) consumer protection claims; and (f) Google is not liable for any third-party claims that the Software infringes a third party’s intellectual property rights.
Global Crisis Awareness,
Trading as i11,
18 W 7th St, Suite 300
Cincinnati, OH 45202,