Terms and Conditions

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TERMS OF SERVICE

1. INTRODUCTION

  1. These terms and conditions, in combination with our Privacy Policy, form a legal agreement (hereinafter referred to as the "Agreement") between You ("You" or "Your"), and Aptus Consultants Ltd (Company No. 4795110;) trading as IFALine.com (“IFALine.com”, “IFALine”, "Us", "We" or "Our") whose registered office is at 5 Charborough Way, Sturminster Marshall, Wimborne, Dorset, BH21 4DH. 
  2. By registering for and using the IFALine Service, You are deemed to have accepted and to abide by the terms and conditions and Privacy Policy which form this Agreement, so please read them carefully.
  3. We reserve the right to amend this Agreement at any time. Such changes will only come in to effect once they have been posted on Our website www.ifaline.com which You should check regularly for such changes. Your use of the IFALine Service after such posting will be regarded as Your acceptance of such changes.
  4. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Website on the IFALine Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
  5. This Agreement was last updated on 19th April 2010

DEFINITIONS

  1. "Content" means (i) any work of authorship in a Website, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Website or the IFALine Platform. "Your Content" is any Content that you submit to a Website or the IFALine Platform, either as a IFALine User, Website User or Website Creator (all as defined below). If you are a Website Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Website Users of Your Website(s) make available). Content does not include Code.
  2. "Users" means both Website Users and IFALine Users.
  3. "Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Website. Code consists of IFALine proprietary code, and Third Party Software (as defined below).
  4. "Website Creator" is a IFALine User who creates and operates one or more Websites on the IFALine Platform. A Website Creator is by definition a Website User of each of his or her Websites.
  5. "Website Users" are IFALine Users who have also registered with a particular Website on the IFALine Platform. "Your Website Users" are Website Users who have registered with Your Website.
  6. "Website User Data" means data provided by or collected from a Website User by a Website Creator for a particular Website, such as profile data, including certain items of registration information (e.g. email addresses), answers to Website profile questions, forum posts, and statistical information about Content contributed. Website User Data does not include the User ID or any IFALine User Data.
  7. "User ID" is an account you create with IFALine which includes a name, email address and password. 
  8. "IFALine Users" are Users who complete a registration process with IFALine and obtain a User ID. IFALine Users may also (but are not required to) become Website Users.
  9. "IFALine User Data" is data collected from Users by IFALine, including the data collected for the User ID and any data provided in Your IFALine Profile (as defined below). IFALine User Data does not include Website User Data.
  10. "IFALine User Services" are the services provided by IFALine to Website Users. IFALine User Services include, but aren't limited to: Website User registration, Website User sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and a set of Website Usership management services, including a listing of the Websites to which a particular Website User belongs and management of friends across those Websites. IFALine User Services do not include any services that Website Creators provide to their Website Users.
  11. "IFALine Website Creator Services" are the services IFALine provides to Website Creators. IFALine Website Creator Services include, but aren't limited to: a Website Creator's own Website application; Website User registration and authentication services; Website User account management; Website management and security applications; internal and external APIs; Javascript-compatible APIs; a semi-structured content store; and Website display, management, and search services. Certain basic IFALine Website Creator Services are provided free of charge when you create a Website on the IFALine Platform.
  12. "IFALine Marks" are the trademarks, logos, images, service marks, trade names and other distinctive branding features used on the IFALine Platform.
  13. "IFALine Technology" means the past, present and future content of the IFALine Platform, including all software in any format (including the Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the IFALine Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the IFALine Platform and the IFALine Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the IFALine Platform, and all IFALine Marks, domain names, patents, and other intellectual property. IFALine Technology does not include Your Content.
  14. "Websites" consist of Code and other Content and are web applications run by IFALine on top of the IFALine Platform. Websites are created by Website Creators and are provided for Website Users of that Website to interact and connect with other Website Users. If you are a Website Creator, "Your Website" is a Website created and operated by you on the IFALine Platform.
  15. "Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.
  16. "Users" are all end users of the IFALine Platform, and include you, any unregistered users, all IFALine Users, all Website Users, all Website Creators and all Third Party Application Developers.
  17. "Trial Period" is the period commencing with the creation of a Website after which You as the Website Creator must agree to pay for the Website in order to retain the use of the Website. This period is four weeks from the date on which the Website is created.  

2. WEBSITE SUBSCRIPTION AND PAYMENT

WEBSITE SUBSCRIPTION

  1. As a Website Creator you have free use of your website for the Trial Period. 
  2. After the Trial Period expires, as Website Creator you can agree to pay for the Website or IFALine can remove the Website from the IFALine Platform. 
  3. The Services are described here and are subject to change from time to time.  IFALine may choose to change the fees for the Services. Any changes to fees for the Services will be effective thirty (30) days after we provide you with notice by posting such changes on the IFALine Platform. The changes shall only apply prospectively to the Services you've purchased. Unless otherwise stated, all fees are quoted in Pound Sterling.

PAYMENT GENERALLY

  1. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. You authorize IFALine to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with IFALine. Your Payment Method will be charged the current fee for the Service you choose on the 1st or nearest working day thereafter of each month. 
  2. You acknowledge and agree that any credit card and related billing and payment information that you provide to IFALine may be shared by IFALine with companies who work on IFALine's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to IFALine and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay IFALine all charges incurred under your account for any Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) IFALine may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) IFALine reserves the right to either suspend or terminate your Services or your account with IFALine, including deletion of your Website from the IFALine Platform.
  3. Any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to IFALine within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of IFALine.

TAXES

  1. You are responsible for paying any governmental taxes imposed on your use of the IFALine Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to IFALine the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that IFALine is obligated to collect such taxes, the applicable tax will be added to your billing account.

3. YOUR CONTENT AND LICENSES TO YOUR CONTENT

  1. IFALine does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Website needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Website and cancel your account and IFALine does not retain any license rights except as provided below.
  2. You hereby grant IFALine, during the course of your usage of the IFALine Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the IFALine Platform and in all current and future media in which the IFALine Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, IFALine reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
  3. You hereby agree that if Your Content is removed from any Website due to a violation of these Terms, including in response to any valid take down notice or because such Content contains illegal images, IFALine shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of IFALine, any individual, or the general public.
  4. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, IFALine does not guarantee any confidentiality or privacy with respect to any of Your Content. 
  5. Additionally, you understand and agree that Your Content that is displayed on the IFALine Platform may continue to appear on the IFALine Platform, even after you have terminated your IFALine User or Website User account or terminated these Terms of Service, as portions of Your Content may have been incorporated into User profiles, RSS feeds or other features.
  6. In addition to the rights, licenses and privileges referred to above, you agree that IFALine, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the IFALine Platform, and any products, goods, features, capabilities and/or services associated with the IFALine Platform.
  7. If a Website is removed from the IFALine Platform, the Content associated with that Website may also be deleted at the discretion of the Website Creator or IFALine. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Website. You should be aware that IFALine is not required and may not keep back-up copies of Content (including Your Content) on the IFALine Platform once the Website or Content is deleted. 
  8. IFALine undertakes reasonable measures to protect your content from accidental loss by providing regular back-ups. 

4. LICENSES FROM IFALINE

LICENSE TO IFALINE PLATFORM

  1. During and subject to the terms and conditions of this Agreement, IFALine hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the IFALine Platform solely to enable your use of the IFALine User Services and IFALine Website Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Code.
  2. You agree that, as between you and IFALine, all the intellectual property rights in the IFALine Platform, which does not include Your Content or Your Code, are owned by IFALine or its licensors.

LICENSE RESTRICTIONS

  1. Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
  2. Run, rent, lease, loan, or sell access to the IFALine Platform or the IFALine Technology.
  3. Decompile or reverse engineer or attempt to access the source code of the software underlying the IFALine Platform or IFALine Technology.
  4. Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any IFALine Technology.
  5. Access the IFALine Platform to build a product using similar ideas, features, functions, interface or graphics of the IFALine Platform.
  6. Access (or attempt to access) any service on the IFALine Platform by any means other than as permitted in these Terms of Service.
  7. Access the IFALine Platform to upload Your Content to cause a breach of security to the IFALine Platform or any Website or interfere with the proper working of the IFALine Platform or prevent others from using the IFALine Platform.
  8. Delete the copyright and other proprietary rights notices on the IFALine Platform.

5. FEEDBACK

  1. You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Website or the IFALine Platform (including the Code), including, on the IFALine blog, Website Creators Forum or on the IFALine Open Social Directory ("Feedback"). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant IFALine a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

6. IFALINE TRADEMARKS AND LEGAL NOTICES

  1. IFALine Marks may not be used without permission. IFALine is not granting you a license under any intellectual property right to the IFALine Marks. Other trademarks, logos, and trade names that may appear on the IFALine Platform are the property of their respective owners.
  2. If you are a Website Creator, IFALine reserves the right to include within Your Website applicable IFALine copyright and trademark notices for the IFALine Platform and links to the IFALine Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by IFALine.

7. IFALINE OWNERSHIP RIGHTS

  1. You agree that, as between you and IFALine, IFALine owns all right, title and interest, including, all intellectual property rights, in and to the IFALine Technology
  2. You agree to abide by all copyright notices, information, or restrictions contained in any part of the IFALine Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the IFALine Platform, including notices on any IFALine Technology you download, transmit, display, print or reproduce from or using the IFALine Platform.

8. SUPPORT AND INTERACTION FOR WEBSITE CREATORS

  1. If you are a Website Creator, IFALine provides documentation to assist you in creating and enhancing Your Website(s). You are responsible for implementing and maintaining all support for Your Website(s), including answering questions from Your Website Users. 

9. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES

  1. Content from other Users, including, information about third party products and services and any Third Party Applications, is made available to you through Websites ("Third Party Content") on the IFALine Platform. The inclusion of Third Party Content on the IFALine Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and IFALine has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, IFALine or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Website) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the IFALine Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the IFALine Platform at your own risk.
  2. Additionally, IFALine or third parties may provide hyperlinks on Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the IFALine Platform and the inclusion of any link on a Website does not imply IFALine's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. IFALine expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the IFALine Platform. Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

10. REPRESENTATIONS AND WARRANTIES.

  1. You hereby represent and warrant to IFALine that: (a) you will comply with all applicable local, state, national and international laws, rules, and regulations in connection with your use of the IFALine Platform including your promotional or other activities off the IFALine Platform that relate to Your Website; (b) you have the right to grant to IFALine the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content or Your Website contains any viruses, Trojan horses, trap doors, back doors, worms, time bombs, or other computer programming routines that may potentially damage or interfere with the IFALine Platform, or intercept or expropriate any system data or personal information from the IFALine Platform.

11. ACCEPTABLE USE AND CONDUCT

  1. You are solely responsible for your conduct, Your Websites, Your Code, and Your Content on the IFALine Platform. We want to keep the Websites on IFALine safe for everyone and the use of the IFALine Platform for unlawful or harmful activities is not allowed. In defining "safe" you specifically agree that:
    1. You will not post, email or make available any Content to Users or use the IFALine Platform:
    2. In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
    3. in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    4. to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the IFALine Platform in connection with Your Website;
    5. in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
    6. in a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
    7. in a manner that is harmful to minors in any way;
    8. in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by IFALine;
    9. to impersonate an IFALine employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Website or the IFALine Platform without authorization;
    10. to interfere or attempt to interfere with the proper working of the IFALine Platform or prevent others from using the IFALine Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the IFALine Platform, or that otherwise negatively affects other persons' ability to use the IFALine Platform;
    11. to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Website Creator's account or to monitor or copy the IFALine Platform (including the Code) or the content contained therein;
    12. to facilitate the unlawful distribution of copyrighted content;
    13. in a manner that includes personal or identifying information about another person without that person's explicit consent;
    14. in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the IFALine Platform or to Users; and
    15. in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
  2. Additionally, you agree not to:
    1. Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
    2. Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any User of the IFALine Platform, including User ID passwords from a Website Creator, or to proxy authentication credentials for any User of the IFALine Platform for the purposes of automating logins to the IFALine Platform;
    3. Use any profanity or the description or name of any illegal activity in the name of Your Website or the Website Subdomain (as defined below) for Your Website;
    4. Use the name "IFALine" as any part of the name of Your Website or the Website Subdomain for Your Website;
    5. Post any Content containing child pornography to any Website. IFALine absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any IFALine User Data, to law enforcement;
    6. Post any Content that IFALine determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
    7. Post any Content that IFALine determines constitutes pornography or is adult in nature. IFALine’s current policy on what is considered adult is located here and is subject to change.
    8. Use automated means, including spiders, robots, crawlers, data miIFALine tools, or the like to download data from Websites and the IFALine Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
    9. Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on IFALine's infrastructure;
    10. Attempt to gain unauthorized access to IFALine's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the IFALine Platform;
    11. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the IFALine Platform.
  3. You agree not to authorize or encourage any third party to use the IFALine Platform or any of Your Websites and Your Websites will not be designed to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify IFALine in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

12. IFALINE PLATFORM POLICIES

  1. IFALine may establish general polices and limits concerning use of the IFALine Platform ("IFALine Platform Policies"), including (and without limitation) the maximum number of days that Websites and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Website(s), the maximum number of times and duration for which you may access the IFALine Platform or Websites in a given period of time, the maximum bandwidth used by Your Website(s) or Content, and the maximum CPU power used by Your Websites or Content. The current IFALine Platform Policies are part of this Agreement.

13. WEBSITE USER DATA

  1. Through our IFALine User Services, IFALine collects IFALine User Data from Your Website Users and general information about a User's use of Your Website(s). If you are a Website Creator or Administrator, you agree that your access to this IFALine User Data (including the email addresses provided by Website Users during the User ID registration process ) as part of the management controls of Your Website(s) is subject to the IFALine Privacy Policy. In addition, subject to this Agreement, you may collect Website User Data from Your Website Users; if you do so, you hereby agree that such Website User Data shall not be used in a manner inconsistent with, or that causes IFALine to violate IFALine's Privacy Policy.
  2. User privacy is important to us. Therefore, if you are a Website Creator or an Administrator, you hereby agree that your use and disclosure of Website User Data and any IFALine User Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Website User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of IFALine User Data or Website User Data that are less stringent than the standards set forth in the IFALine Privacy Policy.
  3. You must clearly communicate on Your Website that Your Website uses User ID authentication (including, on each page on Your Website on which information is collected for purposes of User ID authentication) and that each of Your Website Users will be sharing the data they provide to you with IFALine. 
  4. Subject to this Agreement and each Website User's rights, all Website User Data shall be the property of the applicable Website Creators. That being said, IFALine needs to run Your Website on the IFALine Platform. To this end, as a Website Creator, you hereby grant IFALine a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Website User Data on or through the IFALine Platform and in all current and future media in which the IFALine Platform may be distributed; (ii) use and disclose the Website User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the IFALine Platform; and (iii) use Website User Data for other purposes permitted by the IFALine Privacy Policy.
  5. You acknowledge that IFALine may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Website. Accordingly, you agree that, within 24 hours of any email request by IFALine, you will: (a) delete all Website User Data and other personally identifiable information in your possession or control relating to a particular User as specified by IFALine; and (b) confirm such deletion in email notice to IFALine.
  6. IFALine is not required to keep back-up copies of Website User Data on the IFALine Platform once the Website or Website User Data is deleted. 

14. YOUR WEBSITE

  1. We want to give you as a Website Creator as much freedom to create and control the Websites you build on the IFALine Platform as possible. You may have your own agreement(s) or policies between you and each of Your Website Users, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow IFALine to display the IFALine Terms of Service, Privacy Policy and any Guidelines on your Website.
  2. To enable a great experience for all Users on the IFALine Platform, if you are a Website Creator, you agree to ensure each Website you create or manage does not degrade the performance of the IFALine Platform. If your Website(s) exceed the quotas and limitations set by IFALine (e.g., storage or bandwidth) as set forth in the IFALine Platform Policies or otherwise degrades performance of the IFALine Platform or other services in any way, we may suspend your Website(s) at our sole discretion and without notice.
  3. A Website initially comes with 200MB of storage and 1.5GB of monthly bandwidth; although such storage and bandwidth limits may be changed from time to time.
  4. Subject to this Agreement, as a Website Creator, you control your Website and own all of Your Content. IFALine does not claim any ownership rights in any of Your Content. 
  5. You agree not to harvest any email addresses from Websites or the IFALine Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.
  6. You also agree not to knowingly collect any information from, or develop any Websites that are targeted at children under the age of 13.
  7. You acknowledge that IFALine may terminate the account of any User (including Your Website Users) in accordance with these Terms of Service.
  8. Your Website shall not be designed or implemented in a way that, as determined by IFALine in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with IFALine when interacting with Your Website, or (ii) any of Your Website was created by or are endorsed by IFALine. Because we want you to have as much freedom over your Website as possible, IFALine takes no responsibility for any Content located in Your Website and IFALine has no obligation to monitor such Content or Your Website.
  9. You acknowledge that IFALine also reserves the right to remove, preserve, and disclose any information or Content on any Website (including User ID and Website User Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of IFALine, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

15. YOUR ACCOUNT

  1. You need to register and create a User ID in order to become a IFALine User, Website User or Website Creator on the IFALine Platform. You are responsible for keeping your User ID password secure. User IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your User ID. IFALine reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
  2. When you create Your Website, IFALine gives you the flexibility to choose your own subdomain for Your Website (e.g.,"myifa" in the example: http://myifa.ifaline.com) ("Website Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Website's Subdomain. IFALine maintains ownership of your Website Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Website Subdomain on the IFALine Platform.
  3. You may not use anyone else's account, User ID or Website Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. IFALine will not be liable for any loss that you may incur as a result of someone else using your User ID, Website Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by IFALine or another party due to someone else using your User ID, Website Subdomain, or password. In other words, please be careful with your identity and passwords.

16. DISCLAIMER OF WARRANTIES

  1. Your use of the IFALine platform, and all code, third party software, non-IFALine code, and content (including third party content), are at your sole responsibility and risk. The IFALine platform and all code, third party software, non-IFALine code and content (including third party content) are provided on an "as is" and "as available" basis. IFALine and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. IFALine and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents disclaim any warranty that the IFALine platform, or any code,  third party software, non-IFALine code or content (including third party content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the IFALine platform or the server that makes the IFALine platform available is free of viruses or other harmful components. IFALine makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the IFALine platform or your website (b) the volume and quality of any traffic to your website or (c) the compatibility of your code or any non-IFALine code with any IFALine technology.
  2. Any material downloaded or otherwise obtained through the use of the IFALine platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
  3. No advice or information, whether oral or written, obtained by you from IFALine or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the IFALine platform shall create any warranty not expressly stated in the terms.

17. INDEMNITY

  1. You agree to indemnify, defend, and hold harmless IFALine, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
    1. Your Content or Your Website;
    2. Your use of any Non-IFALine Code or Third Party Applications;
    3. Your use or misuse of, or connection to, the IFALine Platform;
    4. Your breach or alleged breach of this Agreement;
    5. Your violation of any rights (including intellectual property rights) of a third party;
    6. Your use or misuse of any User data (including IFALine User Data and Website User Data), including, in violation of the IFALine Privacy Policy and
    7. Your breach or alleged breach of any agreement or policy between you and other Users.
  2. IFALine reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of IFALine. IFALine will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

18. YOUR INTERACTIONS WITH OTHER USERS

  1. Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Website User or Website Creator), IFALine is under no obligation to become involved.
  2. You release IFALine, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. 

19. LIMITATION OF LIABILITY

  1. You agree that, under no legal theory, including, but not limited to negligence, shall IFALine or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, be liable to you for (a) any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, or other intangible losses (even if IFALine has been advised of the possibility of such damages), arising from or relating to this agreement or your use or the inability to use the IFALine platform; or (b) any damages arising from or related to this agreement (in the aggregate for all potential claims by you) in excess of the greater of (i) £100 and (ii) the total amounts paid to IFALine by you in the twelve months immediately preceding the initial notice of any claim.
  2. These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than IFALine (including third party application developers) and received by you through or advertised on the IFALine platform or received by you on any third party sites.
  3. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. the limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

20. CHANGES TO IFALINE PLATFORM

  1. IFALine reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the IFALine Platform or any part thereof with or without notice. IFALine will not be liable to you or to any third party for any modification, suspension or discontinuance of the IFALine Platform.

21. AMENDMENTS

  1. We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.ifaline.com or elsewhere on the IFALine Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the IFALine Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including IFALine User, Website User or Website Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.ifaline.com or elsewhere on the IFALine Platform. The revised version will apply to you immediately if you are a User who registers or first uses the IFALine Platform on or after the posting of the revised version.

22. TERM AND TERMINATION

TERM

  1. This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your Usership within any Website on the IFALine Platform at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to a Website. Additionally, you may terminate your User ID account and end your use of the IFALine Platform at any time and for no reason by following the directions here or contacting us at info@ifaline.com or at the address set forth below in the "Contacting IFALine" Section.

TERMINATION

  1. IFALine has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the IFALine Platform or any Website, (ii) remove and discard Content within any Website or anywhere on the IFALine Platform or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.
  2. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

EFFECTS OF TERMINATING

  1. Upon deactivating your account, this agreement terminates and you will no longer have a right to access your account, your content, your website user data or your website(s). IFALine will not have any obligation to assist you in migrating your data, your content, your website user data, or your website(s) off of the IFALine platform and IFALine does not keep any back-up of any of your content or your website user data. IFALine is not responsible for deleting your content on your behalf. note that, even if your content is deleted from IFALine active servers, it may remain in our archives (but we have no obligation to archive or back-up your content), and subject to the licenses set forth in this agreement.

23. GENERAL

  1. This Agreement constitutes the entire agreement between You and Us relating to the use of the IFALine Service and supersedes all other agreements or understandings between Us and You.
  2. Notices under this Agreement:
    1. may be given by Us using email or otherwise at Our discretion; and
    2. must be given by You as set out in the IFALine Service description from time to time on the Website.
  3. You are responsible for ensuring that all persons who access the IFALine Service through this agreement are aware of these Terms, and that they comply with them.
  4. Each provision of this Agreement shall be severable and distinct from the others. If a provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, in whole or in part, the legality, validity and enforceability of the remainder of the Agreement shall not be affected.
  5. You are expressly prohibited from using this IFALine Service to in any way to transmit any material:
    1. which is threatening, obscene, defamatory, pornographic or in any other way likely to cause offence;
    2. for which You have not obtained the necessary licences or approvals;
    3. is illegal or encourages any act of illegality; or
    4. is harmful in anyway.
  6. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity and unenforceability shall not effect the other provisions of this Agreement that shall remain in full force and effect.
  7. This Agreement is governed by the Laws of England and by accepting these terms, You hereby submit to the exclusive jurisdiction of the English Courts. If You access the IFALine Service from outside England You do so at Your own initiative and risk, and You are responsible for the compliance with any applicable local law.