Ironicons may change or modify these Terms at any time and at Ironicons' sole discretion. If Ironicons makes any changes to these Terms, Ironicons will provide notice thereof by either sending you a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. Ironicons encourages you to review the Terms frequently to ensure your understanding of the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Account (defined below).
Please use common sense when using the Services. Keep sending awesome and creative texts to your friends, but please don't send anything they may not want to receive.
1. Data Usage
Information Ironicons Collects
If you choose to use the Services, Ironicons may collect both personal and non-personal information about you (collectively, “Information”). “Non-personal Information” (known as demographic information) is general information that will not identify you personally (unless it is associated with any Personal Information that you choose to submit to Ironicons). This information may include, without limitation, the manner in which you use the Services and/or your IP address, age, gender and/or geographic location. “Personal Information”, on the other hand, is information that identifies you and may be used to contact you, such as your name, telephone number, billing information and email address. Ironicons may take your Personal Information and make it non-personally identifiable, either by combining it with information about others, or by removing characteristics that make the information personally identifiable to you.
How Information is Used
All Information Ironicons collects through the Services may be used for Ironicons' legitimate business purposes, including, without limitation, communicating with you, improving and updating the Services and/or providing you with updates on special events, news, marketing materials, promotions and other email announcements of interest.
Ironicons may, from time to time, engage third parties to perform services for or on behalf of Ironicons. These services may include, without limitation, payment processing, analytics, maintenance, development and/or marketing. Although it may be necessary for Ironicons to share certain Information with such third parties for the limited purpose of performance of their functions, Ironicons will not sell or rent any Information to any third party (except as required in the event of a bankruptcy or reorganization).
Notwithstanding the foregoing, Ironicons reserves the right to disclose Information when Ironicons believes in good faith that such disclosure: (a) is required by law, including, for example, to comply with a court order or subpoena or to cooperate in any law enforcement or public safety investigation; (b) will help protect your safety or security, including the safety and security of property that belongs to you; and/or (c) protect the safety and security of any of Ironicons' Services and/or the websites and/or services of any third party.
Ironicons will use a secure database to store all Personal Information that you may provide. While Ironicons implements these and other security measures in connection with the Services, please note that 100% security is not always possible.
If at any time you decide to update or remove your Personal Information from Ironicons' database, you may do so by emailing Ironicons (see "Contact Us" button on our website). Please note, however, that removing certain Information may prevent you from using all or part of the Services. Notwithstanding the foregoing, you may not update or remove any Submitted Content (defined below), and Ironicons' use of such Submitted Content shall at all times be governed by these Terms.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, programs, user interfaces, visual interfaces, illustrations, designs, icons, photographs, video clips, trademarks, logos, and/or other materials and/or information (collectively, "Content"), as well as their “look and feel” and selection and arrangement, are owned by Ironicons and protected by copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition laws. Ironicons authorizes you to view and use the Content solely for your personal, non-commercial purposes and solely in accordance with these Terms. You agree that you will not remove, obscure, or alter any proprietary rights notices (including, without limitation, copyright and trademark notices) which may be affixed to or contained within the Content, and that you will abide by such notices. You may not copy, reproduce, publish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, create derivative works from and/or otherwise use or exploit in any way, in whole or in part, any Content or Services except as expressly stated in these Terms. Any use of the Services or Content not expressly permitted by these Terms may constitute a breach hereof and may violate copyright, trademark and other laws. All rights not expressly granted hereunder are reserved to Ironicons.
The Services consist of interactive features and areas that allow users to create Content and post, transmit and/or store such Content within the Services ("User Content"). User Content will be kept on your device's storage, and will not be accessible by Ironicons unless you send it to Ironicons directly, as set forth below. You understand that your User Content may be viewable by others when you post a text to them, and that you have the ability to control who can access such User Content. However, once you send any User Content to any third party, you may lose the ability to control the manner in which such User Content is used.
You further understand that by using the Services you may be exposed to content or other materials that you may find offensive, indecent, defamatory or otherwise objectionable, and that when using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ironicons and/or its suppliers. Therefore, you acknowledge and agree that you are and will be solely responsible for your User Content and your use of the Services, and that Ironicons is not, and will not be, under any circumstances, responsible or liable therefor, or any person's and/or entity's use thereof.
Ironicons may, from time to time, offer you the opportunity to submit certain Content to Ironicons, via online or offline means, including, without limitation, feedback, suggestions, ideas, User Content or other information or materials ("Submitted Content"). If you submit such Submitted Content, you acknowledge and agree that: (i) Ironicons has no obligation to use or respond to any Submitted Content; (ii) the provision of Submitted Content by you in no way imposes any obligation on Ironicons, whether of confidentiality, review, approval, attribution, use or otherwise, and Ironicons shall not be liable for any use or disclosure of any Submitted Content; and (iii) Submitted Content may be subject to size and usage limitations, and you are responsible for adhering to such limitations. Further, you represent and warrant that: (i) all Submitted Content is truthful, accurate and does not violate the copyright, trademark, patent, trade secret or any other right of any third party; and (ii) you own or control 100% of the rights in all Submitted Content and will not provide any Submitted Content which contains any names, voices, images, biographical information, graphics, designs, logos, page headers, button icons, text, commercial markings, trade dress, service names or any other copyrighted and/or proprietary materials of any third party (collectively, the “Third-Party Materials”), unless you have first secured the right to use same, as set forth more fully below. You hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light and/or right of publicity) that may arise out of any use of the Submitted Content and/or of your name, image, likeness, voice and/or biographical information and/or that of any third party that is included therein.
By submitting Submitted Content to Ironicons, you automatically grant to Ironicons and its agents, successors, licensees and assigns the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid right and license to use, edit, modify, interpolate, digitize, reproduce, publish, distribute, make derivative works from and/or exploit such Submitted Content, either by itself, or in combination with other materials, and to use your voice, name, likeness, image and/or biographical information in and in connection therewith, throughout the universe, in perpetuity, in any and all media now known or hereafter devised, for any and all purposes, including, without limitation in advertising, marketing, publicity and/or promotional materials. Ironicons shall not be limited in any way in its use, commercial or otherwise, of any such Submitted Content, and you hereby waive any moral rights in, or approval rights to the use thereof.
Ironicons appreciates hearing from its users, but please do not share your User Content with Ironicons if you expect to be paid or wish to continue to own or claim rights therein.
Without limiting any other provision of these Terms, if any of your Submitted Content includes any Third-Party Materials, you represent and warrant that you have an irrevocable, transferable, sub-licensable, written license to use, and to permit others to use, such Third-Party Materials, to the same extent as set forth above, free and clear of any obligation of compensation to you or anyone else, and you hereby sublicense all such rights to Ironicons on a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid basis.
You acknowledge and agree that Ironicons has the absolute right (but not the obligation) to review and monitor all Submitted Content in its sole discretion, and that Ironicons reserves the right to alter, edit or refuse to use of any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such Submitted Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect Ironicons, users of the Services, service providers and/or other third parties.
3. Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:
• Use the Services for any purpose or in any manner that is illegal, misleading, defamatory, abusive, hateful, profane or threatening, beyond the scope of their intended use, or otherwise prohibited in these Terms;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Compromise the security of the Services;
• Send any unsolicited or unauthorized communications, including, without limitation, advertising, spam, solicitations or promotional materials;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by Ironicons to access the Services or to extract data therefrom;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
• Use or attempt to use another user's Account without authorization;
• Attempt to circumvent any content filtering techniques Ironicons employs, or attempt to access areas/features of the Services that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with Ironicons or that Ironicons have endorsed you or any products or services without Ironicons' express written consent to do so in each instance;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
• Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Ironicons Account, username, password or friend link without Ironicons' prior written consent in each instance;
• Develop any third-party applications that interact with any portion of the Services without Ironicons' prior written consent in each instance; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms or any applicable law, rule and/or regulation.
You further agree to abide by any third-party terms that apply in connection with the Services, including, without limitation, the iTunes App Store Terms of Service and/or the Android Market Terms of Service.
4. Account Security
In order to use certain portions of the Services you may be required to register an account (an “Account”) by supplying certain information to Ironicons, including, without limitation, your full name, email address and billing information. In addition, when you first create an Account, Ironicons will ask for your mobile number for verification purposes. Please be aware that your carrier's text messaging fees may apply for mobile number verification.
By opening an Account, you accept all responsibility for any activity that occurs in connection with your Account, and affirm that you have not been previously suspended or removed from the Services. You may not have multiple Accounts.
You are responsible for ensuring the security of your password and Account information. You agree that you will not share your password and/or Account information with others or do anything that might jeopardize the security of your Account. No Account may be sold or otherwise transferred to another person or entity. You will notify Ironicons immediately of any unauthorized use of your Account or the Services. Ironicons shall not be liable for any damage and/or loss that result from the unauthorized use of any Account, either with or without the Account holder's knowledge or permission. You agree to provide Ironicons with accurate, complete and current information in connection with the Services and your Account.
Ironicons has the right, at its sole discretion, to (i) refuse to offer the Services (or any portion thereof) to any person or entity: (ii) suspend and/or revoke your Account; and/or (iii) block or terminate your access to the Services (or any portion thereof) at any time, for any reason or no reason.
5. Modifications to the Services
Ironicons reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof with or without prior notice. Ironicons will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
6. Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws, rules or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that such laws, rules and/or regulations may apply to your use of the Services.
You agree to indemnify, defend and hold harmless each of the Ironicons Parties (defined below) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses of every kind and nature (including, without limitation, attorneys' fees and expenses) due to, arising out of, or relating in any way to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of any provision of these Terms; (d) your violation of any laws, rule and/or regulation and/or any right of any third party; and/or (e) your actual or alleged negligence or willful misconduct. You shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such Ironicons Party; provided, however, that each such Ironicons Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof. You agree not to enter into any settlement that any of the Ironicons Parties believes is adverse to its interests without receiving the prior written consent of each such party. In no event shall any Ironicons Party be obligated to participate in any settlement that such party reasonably believes would have an adverse effect on such party's business interests.
8. Warranty Disclaimer/Limitation of Liability
The use of the SERVICES and the Content is at your own risk.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS", “WHERE IS” AND "AS AVAILABLE". NEITHER IRONICONS, NOR ANY OF ITS AFFILIATES AND/OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, LICENSEES AND/OR ASSIGNS (COLLECTIVELY, THE “IRONICONS PARTIES”), ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS A PROMISE, GUARANTEE AND/OR CLAIM BY ANY IRONICONS PARTY REGARDING THE SERVICES AND YOUR USE THEREOF. NONE OF THE IRONICONS PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE THAT HAPPENS OR IS ALLEGED TO HAVE HAPPENED, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SERVICES AND/OR ANY CONTENT APPEARING THEREON. NO IRONICONS PARTY MAKES ANY GUARANTEE AS TO THE ACCURACY, CORRECTNESS, USEFULNESS, APPROPRIATENESS OR COMPLETENESS OF THE SERVICES. NO IRONICONS PARTY SHALL BE LIABLE FOR ANY ACTUAL OR ALLEGED LOSSES AND/OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY CONTENT APPEARING ON THE SERVICES OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY SUCH CONTENT. THE IRONICONS PARTIES DISCLAIM: (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SERVICES; AND (II) ALL OTHER WARRANTIES THAT ARE NOT EXPRESSLY GRANTED HEREIN.
IN NO EVENT SHALL ANY OF THE IRONICONS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA, ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES), AND THE CONDUCT OF OTHER USERS OF THE SERVICES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL THE IRONICONS PARTIES' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE LESSER OF: (I) THE CUMULATIVE AMOUNT OF PAYMENTS MADE TO IRONICONS BY YOU (IF APPLICABLE) OVER THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY; OR (II) ONE THOUSAND DOLLARS ($1,000).
THE LIMITATIONS ON THE LIABILITY OF ANY IRONICONS PARTY TO YOU, AS SET FORTH IN THIS SECTION, SHALL APPLY WHETHER OR NOT ANY SUCH IRONICONS PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSSES OR DAMAGES OCCURING.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES INCLUDING WITHOUT LIMITATION YOUR USE THEREOF, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH IRONICONS AND MAY LIMIT THE MANNER IN WHICH YOU CAN SEEK LEGAL RELIEF.
You agree to arbitrate any dispute arising from these Terms or your use of the Services. ARBITRATION MAY PREVENT YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You agree that: (a) any arbitration will occur in Los Angeles County, California; (b) arbitration will be conducted confidentially by a single, neutral arbitrator, in accordance with the rules of JAMS; and (c) the state or federal courts of Los Angeles County, California will have exclusive jurisdiction over any appeals of an arbitration award and over any legal action, if any, between the parties which not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU WILL NOT COMMENCE, OR OTHERWISE BE A PART OF, A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST IRONICONS.
10. Applicable Law/Jurisdiction
These Terms are governed by the laws of the State of California, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any dispute between you and Ironicons that is not subject to arbitration will be adjudicated in the state and/or federal courts located in Los Angeles County, California. You and Ironicons agree to the jurisdiction of such courts for such purposes and hereby waive the claim that such forum is inconvenient.
11. GENERAL PROVISIONS
No Equitable Relief
You acknowledge and agree that in the event of a breach of these Terms by Ironicons or any third party, your sole and exclusive remedy for such breach will be an action at law for damages (if any). You irrevocably waive any right to enjoin or restrain the use of any portion of the Services, Content and/or Submitted Content, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Ironicons by reason of these Terms.
Survival/Section Headings/Severability/No Waiver
The provisions of these Terms will survive termination or expiration to the extent necessary to carry out the intentions of Ironicons.Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any provision of these Terms shall be deemed unlawful, invalid, void or for any reason unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. No waiver by Ironicons of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Ironicons with respect to the subject matter hereof.
Questions and Comments
Ironicons welcomes comments, questions, concerns, or suggestions. Please send feedback through our website on the “contact us” button.