IMPORTANT! READ CAREFULLY: THESE TERMS OF SERVICE ("SUBSCRIBER AGREEMENT" OR "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND INDIGO STREAM TECHNOLOGIES AND ITS SUPPLIERS AND LICENSORS (COLLECTIVELY, "INDIGO STREAM"). BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, INCLUDING ALL AMENDMENTS.
Indigo Stream provides information via its "Copyscape", "Copyscape Premium", and "Copysentry" Services (the "Services"). By completing the registration process and using the Services, you agree to be bound by all of the terms in this Subscriber Agreement at any time. Indigo Stream may change the terms in this Subscriber Agreement. When the terms are changed, the changes will appear in this document, which you can access at any time at the web page http://www.copyscape.com/terms.php. If you do not agree to be bound by the changes, you should not proceed to use the Services. By continuing to use the Services after Indigo Stream has posted any such changes in the Subscriber Agreement, you are agreeing now to be bound by all of the changes.
Indigo Stream is not affiliated with any governmental or regulatory agencies and carries no formal legal authority. Indigo Stream makes no claims that use of the Services or inclusion of Copyscape banners on a web page have any legal effects. Indigo Stream does not provide legal advice or make legal recommendations. Indigo Stream is not liable for any actions or decisions taken by anyone based on results obtained through use of the Services. Indigo Stream does not endorse any external websites or copyright lawyers linked from the Copyscape site.
Indigo Stream is not responsible for use of the Services by others, nor does it certify the ownership of any content that the Services are used to protect.
By using the Services, you understand that there may be copies of your site on the Internet or elsewhere which are not reported in the results. Indigo Stream is not liable for any omission or inclusion in the results provided by the Services. The Services use a search engine index to find copies of your site, so they may miss text contained in Flash animations, images such as JPEG and GIF, movies such as QuickTime, or other formats that are not picked up by search engines. The Services may also miss new text on the Web that has not yet been indexed.
Automated querying of Copyscape by any means is strictly prohibited, unless via a documented Copyscape API. Failure to comply may cause your access to Copyscape to be permanently blocked.
DISCLAIMER OF WARRANTIES AND LIABILITY. Due to the sources from which content in the Services is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Services. The Services and all information provided by Indigo Stream are provided "as is". Use of the Services and any inf ormation received through it are entirely at your own risk. NEITHER INDIGO STREAM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, "INDIGO STREAM") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, RELEVANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES. INDIGO STREAM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL INDIGO STREAM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES. INDIGO STREAM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF INDIGO STREAM, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO INDIGO STREAM FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT INDIGO STREAM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
INDEMNIFICATION. Subscriber agrees to defend, indemnify and hold harmless Indigo Stream, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by Subscriber or Subscriber's account.
FEES AND PAYMENTS. If you are purchasing a Copysentry subscription, it will renew and continue automatically, unless terminated by Indigo Stream or until you notify Indigo Stream of your decision to terminate your subscription by canceling your service on-line at http://www.copyscape.com/cancel.php. If there are any annual, monthly, or other periodic fees for your subscription, you authorize Indigo Stream to automatically bill these fees to the credit card, depending on the type of charge card you designate during the registration process for the Services or subsequently designate at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
Indigo Stream outsources all online payment processing to RBS WorldPay or PayPal. Indigo Stream does not have access to credit card numbers and certain other payment information submitted to RBS WorldPay or PayPal as a result of the online payment process. You agree to provide RBS WorldPay or PayPal with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must modify your credit card details at the WorldPay Shopper Management System, at http://www.rbsworldpay.com/shopper/, or through the PayPal site.
If you believe someone has accessed the Services using your username and password without your authorization, you must inform Indigo Stream via the technical support page at http://www.copyscape.com/support.php. You must contact Indigo Stream via the technical support page at http://www.copyscape.com/support.php about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to Indigo Stream's attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
You also are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third party service. YOU, AND NOT INDIGO STREAM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
YOUR RIGHT TO CANCEL RENEWAL OF SERVICES. You may cancel your renewal of the Services at any time at http://www.copyscape.com/cancel.php. When cancelling a renewal, you will still receive access to the Services for the period for which you have paid.
COPYRIGHT AND LIMITATIONS ON USE. Only one individual may access the Services during a specific time using the same username or password, unless otherwise agreed by Indigo Stream. The content available through the Services is the property of Indigo Stream and is protected by copyright and other intellectual property laws.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Services. In addition to any other remedies available in equity or law to Indigo Stream, failure to comply with any of the terms and conditions in this Subscriber Agreement shall immediately terminate this Agreement and your ability to use the Services.
The Services include information, facts, views, opinions and recommendations. Indigo Stream does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse this information or these facts, views, opinions and recommendations.
TRADEMARKS. Copysentry, Copyscape Premium and Copyscape are copyright of Indigo Stream Technologies, Ltd. All rights reserved. Indigo Stream actively protects all trademarks of Indigo Stream Technologies or its affiliates. All other trademarks appearing on Services are the property of their respective owners.
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Indigo Stream immediately of any unauthorized account use. Indigo Stream is not responsible in any way for any loss that you may incur as a result of any unauthorized use of your user account and password. You may not use the Services for any unlawful purpose or for any purpose other than as expressly authorized herein. Indigo Stream may discontinue, terminate or change the Services, or its availability to you, at any time, and you may always terminate your subscription at any time. You may only receive the Services if you are a subscriber in good standing with a valid, authorized credit card on file with RBS WorldPay or PayPal, or if you are in the trial period of the Services. Except as expressly provided herein, all payments are completely non-refundable. If Indigo Stream terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and Indigo Stream reserves all other rights available to it for such breach. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Indigo Stream. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the Gibraltar, as if the Agreement was a contract wholly entered into and wholly performed within Gibraltar. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Indigo Stream Technologies Ltd. ("Indigo Stream"), provider of the Copyscape service, respects the privacy of its users and takes the privacy of all user information seriously.
The email address you provide Indigo Stream will be used exclusively for sending you search updates and other administrative information relating to your account. The search terms you provide Indigo Stream will be used only to run automated plagiarism searches on your behalf. Your email address and search terms will not be given or sold to any third parties.
Indigo Stream outsources all online payment processing to WorldPay or PayPal. Indigo Stream does not have access to credit card numbers and certain other payment information submitted to WorldPay or PayPal as a result of the online payment process.