All users are required to certify that they have read, understand, and agree to this policy before using any Infinite Humanity services.
Please read these Terms of Service (herein referred to as “Terms” or “terms”) carefully. These Terms govern and apply to access and use of IH technology and services available through the IH website (located at www.infinitehumanity.com), IH web and mobile applications, software, premium services and other products or services offered IH (collectively, “IH Services”). By opening an account with IH, Inc. (“we”, “us”, “our” or “IH”), or by accessing or using IH Services, whether as an Account Originator, Member (“member”), Account Manager, or any other user of IH Services (collectively, “you”), you agree to be bound by all of the terms and conditions described in this agreement.
You are required to be truthful when creating your account and may only create accounts on behalf of others for whom you have expressed legal permission.
1.1 Account origination
In order to access and use IH Services, you will need to originate an account with IH. When originating an account, you are required to establish a username and a password. You may originate:
i A paid account by purchasing a monthly or annual membership, guaranteed premium sharable storage, and agreeing to these Terms; or
ii A free account by registering and agreeing to these Terms.
Throughout these terms, where we use the word “account” or “accounts”, we are referring to both paid and free accounts. There are certain roles that may be associated with each account, including:
i An “Account Originator” who opens the account and pays any fees required to access IH Services;
ii A “Founding Friend”, “Free Member”, or any other term IH uses to designate an account holder, who the account is for or about (may be the same person as the Account Originator); and
iii One or more “Account Managers” who may have certain permissions to manage and control a registered account after the death of an existing member, or during the life of a member with the member’s permission.
You may originate an account for yourself (you are both the Account Originator and the Member), or you may originate a paid or free account as a gift for another person. For example, a close friend or relative, or to honor a deceased family member, or you may originate a free account on behalf of someone to help get them started using IH. In all cases, if you originate an account for someone besides yourself, you represent that you are a friend or family member of the member, or an account manager acting on behalf of the member. If you act as an account manager, you represent that you are acting in good faith for the benefit of the member. By originating an account, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. To originate an account, you also represent that you are of legal age to form a binding contract. You agree to provide accurate, current and complete information about the account.
When originating an account, you must not:
i provide any false information to us;
ii create an account for any other living person other than yourself,unless you have the other person's permission, or you have legal authority to enter a binding legal contract on behalf of the other person (such as Power of Attorney), or you are originating an account as a gift for a close family member or friend;
iii use a username that is the name of another person with the intent to impersonate that person;
iv use a username that is subject to rights of another person without appropriate authorization; or
v use a username that is offensive, vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or terminate an account if any information provided during the origination process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create that violates our Terms.
1.2 Account security
You are solely responsible for your content and account confidentiality.
If you choose to link your IH account to services such as email or social networking sites, you authorize us to access, store and use information from those accounts in order to provide IH services.
1.3 Links to other sites and services
Certain IH Services may enable you to link your account to various email, webmail, social networking, and other online accounts. Certain IH Services may access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make information or services available to you through IH Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to provide IH Services. IH is not responsible for any security breaches or the reposting of any information through other sites or services to which you link your IH account.
You're not permitted to copy, modify, sell, or otherwise use IH services in an unlawful way. IH provides web and mobile software applications, and use of its website (located at www.InfiniteHumanity.com), to enable you to access and use your account at IH. Provided you comply with these Terms, IH grants you a limited, nonexclusive, revocable, non-assignable (except as provided in these Terms), right to access and use IH Services for your own personal use through a generally available web browser or supported mobile device, and to download and install a copy of IH’s mobile applications to your mobile device. You must not:i copy, modify or distribute IH Services for any purpose;
2.1 Unauthorized use
You agree that you will not do any of the following while using or accessing IH Services:i attempt to access or search IH Services or download information or data through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools orthe like) other than the software and/or search agents provided by us or other generally available third party web browsers;
2.2 Changes to IH services
IH services will change over time. We may modify, update, improve, replace or discontinue features, functionality or services within the IH Services from time to time in our sole discretion. We will endeavor to notify you of material changes, but there may be instances where changes are made without notice to you.
You retain full ownership and rights to the content you store using IH. IH enables or intends to enable you to upload, store, post, link, access, view and share information, photographs, images, graphics, videos, films, songs, sounds, audio recordings and clips, artistic works, text, writing, stories, letters, comments, posts, submissions, questions, documents, files, data, software, scripts, materials and other content (“Content” or “content”) using IH Services. You retain full ownership and all of your intellectual property rights to the Content you store using IH Services, and you are responsible for protecting those rights. You are responsible for your Content, including its legality and appropriateness.
3.1 Rights and permissions
We don't claim ownership of your content but we do require certain permissions to manage your content. We do not claim ownership to any of your Content, and these Terms do not grant us any intellectual property rights to your Content. However, in order to maintain your account and provide IH Services to you, we need certain permissions to manage your content, such as hosting and backing up your files, and sharing your Content at your request with your friends and family, and or sharing your Content at your request with the public. You grant us rights and permissions to store and access your Content in order to:i copy your Content for backup purposes,
3.2 Privacy and security of your Content
IH offers different levels of privacy that enable you to control who sees your content. These privacy layers include: Public: Content placed in the public layer will be visible and accessible to other IH Members, anybody who visits the IH site, and the general public through web searches, email links, and similar services. Friends and family: Content placed in this layer will be accessible through the IH site only by friends and family members designated by you. Private: Content placed in this layer will be accessible through the IH site solely by you, or one or more persons designated by you. IH will take all reasonable measures to maintain the privacy and security of your Content according to the privacy layer in which you choose to store your Content, and will only disclose or share Content with others:i as directed by you (or after your lifetime by your designated Account Manager),including to designated people within your ‘friends and family’ privacy layer, or to the general public in the case of Content placed in the ‘public’ layer;
3.4 Your responsibilities
You are responsible for the privacy of your content within IH. You are responsible for storing and maintaining your Content at the appropriate privacy layer, and for how you share your Content or communicate with other people. IH is not responsible for any Content that has been shared with others or made publicly available by you or by IH in accordance with these Terms. IH is not responsible for any loss or misuse of Content or breach of ownership or intellectual property rights by any third parties who were provided access by you, whether directly or by linking your account to third party sites or services, or in accordance with these Terms. You represent and warrant that:i you own your Content or you have the right to use it and grant us the rights and licenses as provided in these Terms, and
3.5 Content that you make publicly available
Please consider carefully the content you choose to make publicly available as others may copy it, modify it, or re-share it. If you choose to make your Content publicly available using IH Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through IH Services. You agree that this license includes the right for us to make your Content available to other IH Members, who may also use your Content subject to these Terms. Please consider carefully the Content you choose to make publicly available in your public layer, as others may copy it, modify it, or re-share it. IH has no responsibility for Content you choose to make publicly available except to maintain the availability of Content in your public layer.
3.6 Managing your Content
You can delete and modify content, but items that you've shared may still persist within IH. You may modify, delete or remove your Content at any time, except to the extent you have shared your Content with others who may have copied, saved and not deleted it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the IH Service or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the IH Service.
If you have originated a paid or guaranteed account, and provided you have paid all required fees for your guaranteed permanent sharable storage, IH provides a guarantee of preservation for your account and content, and enables you to control how your content is preserved during your lifetime and after your death. In the case of a purchase under a payment plan or monthly subscription, your storage will be permanent only to the extent you have completed payment for that storage (please see Section 4.5 below). Please note that this entire Section 4 does not apply to or protect free or introductory accounts.
Free accounts are not guaranteed. IH provides free accounts with limited quantities of digital storage to enable people to experience features and services available at IH on a trial basis, and to connect with and view Content preserved by friends and family who are paid and non-paid members. Free members (excluding those who have been designated as guaranteed account holders by the founding team) may upgrade by purchasing a paid account at any time. IH does not provide long-term preservation of free accounts or content, and IH reserves the right to discontinue, suspend or cancel free accounts at any time for any reason in its sole discretion, including, without limitation, Free accounts that have been inactive for a period of time determined by IH in its then current policies. If a free account is suspended or cancelled for any reason, IH may permanently delete all content associated with the account.
You agree not to use IH to break the law. You are responsible for the content of your IH account.
Content or information that is uploaded, stored, posted or otherwise made available using IH Services has not been reviewed, verified or authenticated by IH, and may include inaccuracies or false information. IH makes no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any such Content or information. You acknowledge sole responsibility for and assume all risk arising from your use or reliance upon any such Content or information.
6.2 Acceptable use
When posting Content or using IH Services, you agree not to use IH Services in an unlawful or inappropriate manner, including, but not limited to:i submitting material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
IH does not have an obligation to review or edit any content, or to monitor use of IH Services or any interactions between you and other members, users or third parties (including friends and family). You are solely responsible for the content you post and your interaction with other members, users or third parties. However, IH reserves the right to monitor and review content and interactions, for the purpose of operating IH Services, to ensure your compliance with these terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. IH reserves the right, without prior notice, to limit communication between you and other members, users or third parties in the case of unwanted or inappropriate communication, and to remove or disable access to any content, that we consider, in our sole discretion, to be in violation of these terms or otherwise harmful to IH Services.
IH cannot be used to violate copyright law. IH does not permit you to use IH Services to save or post Content or conduct any activity that infringes the copyright or intellectual property rights of another party. IH will remove any such Content if properly notified that such Content infringes another party’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):i an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
You can contact our Copyright Officer via email at: dmca@IH.com, by phone at (412) 904-6330, or by mail at Copyright Officer, IH, Inc., One PPG Place, 20th Floor, Pittsburgh, PA 15222.
You agree to indemnify and hold IH and its directors, officers, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of IH Services or the use of IH Services by any person using your account violates any applicable law or regulation, or the rights of any third party.
IH Services may include links to other sites and services that are not operated by us. We do not endorse and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance upon any third party sites.
These terms do not grant you any right, title or interest in and to IH Services, domain names, brand names or logos, or any other property or intellectual property rights owned by IH. IH services and brands are protected by copyright, trademark, and other laws of the United States and certain other countries around the world. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or any notices incorporated in or accompanying IH Services, including of our licensors. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding IH services (“Feedback”) will be the sole and exclusive property of IH and you hereby irrevocably assign to us all of your right, title and interest in and to all feedback.
You can cancel your paid account and delete your content from IH if you wish. However, you are not entitled to any refund unless you cancel within 5 days of purchase.
You may cancel your free account at any time. IH reserves the right to suspend, disable or cancel a free account at any time for any reason whatsoever, in its sole discretion and without notice, including, without limitation, free accounts that have been inactive for a period of time determined by IH in its then current policies.
You understand and agree that IH Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING DURING THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that IH Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
IH’S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR IH SERVICES AND IN NO EVENT WILL IT EXCEED $5,000. IH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGES OR INJURY RESULTING FROMi YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE IH SERVICES;
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORS.
Your account agreement, these terms and any claim, cause of action or dispute (“claim”) arising out of or related to your account agreement or these terms shall be governed by the laws of California and the United States, regardless of your country of residence or where you access IH Services, and without regard to any conflict of laws rules or principles or the United Nations Convention for the International Sale of Goods that would compel the application of the substantive laws of any other jurisdiction. You agree that all claims arising out of or related to your account agreement or these terms must be resolved exclusively in a state or federal court. Notwithstanding the above, IH may apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction.
You agree to indemnify and hold IH and its directors, officers, employees and agents harmless from and against any and all claims, damages, losses and expenses related to any claim by a third party against us related to your content on IH.
You may not assign any of your rights in these terms, and any such attempt is void, but IH may assign its rights to any of its affiliates or subsidiaries, or to any acquirer or successor in interest, without notice to you. These terms create no third party beneficiary rights.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.
If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
We may make changes to this policy over time. If we do, we'll notify you. We may revise these Terms from time to time, and will post the revised Terms on our website and may send you an email notification that the Terms have been revised, or communicate revisions in articles we post on our blog. By continuing to access or use IH Services after revisions to the Terms become effective, you agree to be bound by the revised terms. You should review our Terms from time to time so that you become aware of any changes that we make.