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Terms & Conditions

InOvation Production, Inc. ("InOvation Production" or "We") operates InOcard.com, which is a social networking and advertising service that allows Members to create unique business profiles online in order to advertise their promotions and discounts exclusively for InOcard membership card holders. The services offered by InOcard include any InOcard-branded URL (the "InOcard Website"), the InOcard membership card, the InOcard application developer service and other features, InOcard mobile services, and any other features, content, or applications offered from time to time by InOcard in connection with InOcard's business (collectively, the "InOcard Services"). The InOcard Services are hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the InOcard Services. This Agreement is set forth for all Users regardless of registration because this website is accessible to all Users in which other contracts and forms will be given when necessary. By using the InOcard Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the InOcard Website, including through a mobile device, or otherwise use the InOcard Services without being registered) or you are a "Member" (which means that you have registered with InOcard as a business owner or a and InOcard cardholder, "InOcard Holder"). The term "User" refers to a Visitor or a Member. You are only authorized to use the InOcard Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement, the "Privacy Policy", and any other guidelines, rules, and additional terms referenced (collectively the Terms of Service) . Please read this Agreement and all other Terms of Agreement (the Contract Agreements, "Privacy Policy" and the "Terms of Service") and save it. If you do not agree to be bound by this Agreement and all other Agreements (the Contract Agreement, "Terms of Service", the "Privacy Policy") and to follow all applicable laws, you should leave the InOcard Website and discontinue use of the InOcard Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the InOcard Services, you must read this Agreement and any additional terms of agreements and/or contracts and indicate your acceptance to all agreements during the registration process. Your access to or use of the InOcard Website constitutes your acceptance of the Agreement.

This Agreement includes InOcard's policy for acceptable use of the InOcard Services and Content (as defined in Section 6.a below) posted on or through InOcard Services and your rights, obligations and restrictions regarding your use of the InOcard Services and Content posted on or through the InOcard Services. In order to participate in certain InOcard Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from InOcard. Unless otherwise provided by the additional terms and conditions applicable to the InOcard Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement and all other Contracted Agreements by contacting InOvation Production, Inc.

InOcard may modify this Agreement from time to time and such modification shall be effective upon posting by InOcard on the InOcard Website. Your continued use of the InOcard Services after InOcard posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the InOcard Services and that you provide to other Users. Your InOcard profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other InOcard Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and InOcard assumes no responsibility or liability for this material. If you become aware of misuse of the InOcard Services by any person, please contact InOvation Production, Inc.

InOcard reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the InOcard Services at any tie, for any or no reason, with or without prior notice or explanation, and without liability. InOcard expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the InOcard Services if InOcard determines, in its sole discretion that you have violated this Agreement or pose a threat to InOcard and/or its Users.

Definitions. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the InOcard Website, including but not limited to you and others who may read or write reviews about local businesses listed on the InOcard Website. The "InOcard Services" means the services and functionality made available to Users on the InOcard Website. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, the InOcard Website, including but not limited to the ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the InOcard Website. Your Content does not include personally identifiable information that you submit when creating an account on the Site (which personal information is subject to our Privacy Policy). "User Content" means the Content that any User of the InOcard Website may submit, post, or transmit to, or using, the InOcard Website, including but not limited to Your Content. "InOcard Content" means Content that is created by InOvation Production, Inc. ("InOcard") and made available on the InOcard Website. "Third Party Content" means Content that is made available on the InOcard Website by parties other than InOcard or the Users, including but not limited to data providers who license data to InOcard for use on the InOcard Website. "Website Content" means all of the Content that is made available on the InOcard Website, including Your Content, User Content, Third Party Content, and InOcard Content.

Use of the InOcard Website. Subject to the restrictions set forth herein, InOcard grants you permission to access and use the InOcard Services, including but not limited to the ability to: (a) search for local business and services, (b) read, write, and share reviews about local businesses, (c) announce local events, (d) Using the InOcard Services to promote, advertise, or offer any type of specials and/or discounts exclusively and limited to InOcard holders and InOcard holders only (e) post messages on talk boards, (f) send messages to other Users, and (g) invite people you know to register with InOcard. More broadly speaking, the InOcard Website allows Users to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, and other types of User Content.

You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. InOcard does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations, or advice expressed therein.

• Eligibility. Use of the InOcard Services and registration to be a Member for InOcard Services ("Membership") is void where prohibited. By using the InOcard Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the InOcard Services does not violate any applicable law or regulation. (d) Business promotions, discounts, specials, and any or all type of advertisement (User Content) posted on the InOcard Website is exclusively and strictly limited to InOcard Members such as InOcard Holders. Failure to do so will result in termination of your site at any time under InOcard's sole discretion. Eligibility for InOcard Holders will have a separate contract and registration process and business owners who wish to advertise using the InOcard Services will also have a separate contract and registration process. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are in any way using the services fraudulently, representing yourself fraudulently and/or not abiding by these terms of agreement and all other binding contracts.
• Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the InOcard Services or are a Member. You may terminate your Membership at any time and for any reason by closing your account, discontinuing your use of any and all parts of the InOcard Website, and providing InOcard with a notice of termination. InOcard may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Termination of your account may include: (i) removal of access to all offerings within the InOcard Services; (ii) offering any misleading or false advertisement (iii) advertising to non-InOcard Holders the same promotions and discounts or any other specials and advertisements that are exclusively for InOcard Holders and InOcard Holders only and report this type of activity to the InOcard Services if you witness any other person or entity doing so (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services. You agree that InOcard shall not be liable to you or any third party for any termination of your account, or access to the InOcard Website, Services and Materials, including Your Content. InOcard reserves the right (but is under no obligation) to modify, update, or discontinue the InOcard Website or any of the InOcard Services at its sole discretion, at any time, for any or no reason, and without notice or liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
• Fees. You acknowledge that InOcard reserves the right to charge for any portion of the InOcard Services and to change its fees (if any) from time to time in its discretion. If InOcard terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
• Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify InOcard immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
• Use by Members. To access or use InOcard Services, you may be required to register on the InOcard Website by creating an account and providing the necessary information about yourself and your business to InOcard. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the InOcard Website, and are solely responsible for all activities that occur in connection with your account. InOcard reserves the right to close your account at any time for any or no reason.
  • A "Business Account" is an account for use on the InOcard Website as a representative of a business that is listed on the InOcard Website. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business. You must also agree to a separate Terms of Agreement specifically intended for Business Accounts.
  • A "Card Holder" or an "InOcard Holder" is a consumer who has purchased the InOcard Membership Card which is available on the InOcard Website. When purchasing a Membership Card, you must agree to a separate Terms of Agreement that will apply strictly to InOcard Holders.
• Proprietary Rights in Content on InOcard.
  • InOcard does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through InOcard Services. After posting your Content to the InOcard Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the InOcard Services, you hereby grant to InOcard a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the InOcard Services, including without limitation distributing part or all of the InOcard Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the InOcard Website. This limited license does not grant InOcard the right to sell or otherwise distribute your Content outside of the InOcard Services. After you remove your Content from the InOcard Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the InOcard Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the InOcard Website as soon as practicable after you make the change.
  • The license you grant to InOcard is non-exclusive (meaning you are free to license your Content to anyone else in addition to InOcard), fully-paid and royalty-free (meaning that InOcard is not required to pay you for the use on the InOcard Services of the Content that you post), sub-licensable (so that InOcard is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the InOcard Services), perpetual, irrevocable, fully transferable, and worldwide (because the Internet and the InOcard Services are global in reach) for InOcard to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the InOcard Website (and derivative works thereof) in any media formats and through any media channels now known or later developed.
  • You represent and warrant that: (i) you own the Content posted by you on or through the InOcard Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the InOcard Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or though the InOcard Services.
  • The InOcard Services contain Content of InOcard ("InOcard Content") including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the InOcard Website excluding User Content and Third Party Content. InOcard Content is protected by copyright, trademark, patent, trade secret and other laws, and InOcard owns and retains all rights in the InOcard Content and the InOcard Services. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any InOcard Content in whole or in part except as expressly authorized by InOcard. Except as expressly and unambiguously provided herein, InOcard does not grant you any express or implied rights, and all rights in and to the InOcard Website and the InOcard Content are retained by InOcard.
  • The InOcard Services contain Content of Users and other InOcard Licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the InOcard Services.
  • InOcard performs technical functions necessary to offer the InOcard Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the InOcard Services.
• Content Posted.
  • InOcard may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of InOcard violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. InOcard assumes no responsibility for monitoring the InOcard Services for inappropriate Content or conduct. If at any time InOcard chooses, in its sole discretion, to monitor the InOcard Services, InOcard nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  • You are solely responsible for the Content that you post on or through any of the InOcard Services, and any material or information that you transmit to other Members and for your interactions with other Users. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permission to use, and authorize InOcard to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by InOcard. Because you alone are responsible for Your Content (and not InOcard), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful including illegal hate speech or pornography; exploits or otherwise harms minors or violates or advocates the violation of any law or regulation.
  • InOcard makes no representations that it will publish or otherwise use Your Content in anyway. InOcard may or may not use Your Content in its sole discretion. You understand that InOcard does not guarantee any confidentiality with respect to Your Content. InOcard has no obligation to store or provide you with copies of Your Content.
  • InOcard reserves the right (but has no obligation) to remove or suppress User Content from the InOcard Website at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that InOcard deems untrustworthy or in violation of the Agreement and/or any other guidelines and contracts tied by this Agreement.
  • InOcard and its licensees may display advertisements and other information adjacent to or included with Your Content on the InOcard Website. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
• Content / Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the InOcard Services. InOcard reserves the right to investigate and take appropriate legal action against anyone who, in InOcard's sole discretion, violates this provision, including without limitation, removing the offending Content from the InOcard Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in sole discretion of InOcard:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • publicly posts information that poses or creates a privacy or security risk to any person;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without prior written consent from InOcard such as contests, sweepstakes, barter, advertising, or pyramid schemes; use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews;
  • includes a photograph or video of another person that you have posted without that person's consent;
  • for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
  • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
• The following are examples of the kind of activity that is illegal or prohibited on the InOcard Website and through your use of the InOcard Services. InOcard reserves the right to investigate and take appropriate legal action against anyone who, in InOcard's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the InOcard Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, InOcard reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which InOcard deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the InOcard Services, you acknowledge that you will have caused substantial harm to InOcard, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay InOcard $50 for each such unsolicited email or other unauthorized commercial communication you send through the InOcard Services;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the InOcard Services and/or reformatting or framing any portion of the InOcard Website, reverse engineering any portion of the InOcard Website, adapting, appropriating, reproducing, distributing, translating, creatively deriving works of, publicly displaying, selling, trading, or in any way exploiting the InOcard Website, InOcard Services, or any of the InOcard Website Content (other than Your Content), except as expressly authorized by InOcard;
• activity that involves the use of viruses, bots, worms, spiders, site search/retrieval application, or other automated device, process or means to access, retrieve or index any InOcard Website Content or information from the InOcard Website, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• covering or obscuring the banner advertisements on your personal profile page, or any InOcard page via HTML/CSS or any other means;
• any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
• interfering with, disrupting, or creating an undue burden on the InOcard Services or the networks or services connected to the InOcard Services;
• impersonating or attempting to impersonate another Member, person or entity, or collect and/or record any information about Users;
• for band, comedy, filmmaker and other profiles containing a InOcard player, copying the code for your InOcard Player and embedding it (or directing others to embed it) anywhere other than your band profile on InOcard;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile;
• using any information obtained from the InOcard Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
• displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the InOcard Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
• using the InOcard Services in a manner inconsistent with any and all applicable laws and regulations.
• Protecting Copyrights and Other Intellectual Property. InOcard respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. InOcard has the right to terminate the Membership of infringers.
  • You may not remove any copyright, trademark or other proprietary rights notices contained on the InOcard Website or in any InOcard Website Content or take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on InOcard's technology infrastructure; or attempt to gain unauthorized access to the InOcard Website through hacking, password mining, or any other means; use the InOcard Website or any InOcard Website Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the InOcard Website; use the InOcard Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the InOcard Website or any Inocard Services or InOcard Website Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the InOcard Website, features that prevent or restrict the use or copying of InOcard Website Content, or features that enforce limitations on the use of the InOcard Website.
  • If you believe your work has been copied and posted on or through the InOcard Services in a way that constitutes copyright infringement, please send InOcard's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the InOcard Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. InOcard's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, InOcard, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 388-0892; Attn: Copyright Agent. InOcard's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. InOcard provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works.
• Member Disputes. You are solely responsible for your interactions with other InOcard Members. InOcard reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
• Privacy. Use of the InOcard Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
• Disclaimers. InOcard is not responsible for and makes no warranties, expressed or implied, representations, or conditions of any kind, as to the User Content or the accuracy and reliability of the User Content posted on or through the InOcard Services, the operation and completeness, quality, legality, usefulness, safety, and IP rights of any of the InOcard Website content, including but not limited to the accuracy of business reviews and business information listed on the InOcard Website and the products and services associated with the InOcard Website or InOcard Website Content including but not limited to the products and services sold by businesses listed on the InOcard Website, whether caused by Users of the InOcard Services or by any of the equipment or programming associated with or utilized in the InOcard Services and such User Content does not necessarily reflect the opinions or policies of InOcard. InOcard further disclaims all warranties, express, statutory, or implied, including, but not limited to , implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, that you obtain from InOcard or the InOcard Website shall create any warranty, representation, or condition not expressly stated herein. InOcard specifically disclaims all liability relating to your use of the InOcard Website, InOcard Services, and InOcard Website Content. Access to, and use of the InOcard Website, InOcard Services, and InOcard Website Content are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting there from. InOcard assumes no liability for any computer virus or similar code that is downloaded to your computer from the InOcard Website or in connection with the InOcard Services. Your communications or dealings with any of the businesses, advertisers, or users on the InOcard Website, are solely between you and such businesses, advertisers, and users. InOcard is not responsible, and disclaims all liability, for any loss or damage arising out of any such communications or dealings. Profiles and third party applications created and posted by Members on the InOcard Website may contain links to other websites. InOcard is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by InOcard. Inclusion of any linked website on the InOcard Services does not imply approval or endorsement of the linked website by InOcard. When you access these third party sites, you do so at your own risk. InOcard takes no responsibility for third party advertisements or third party applications that are posted on or through the InOcard Services, nor does it take any responsibility for the goods or services provided by its advertisers. InOcard is not responsible for the conduct, whether online or offline, of any User of the InOcard Services. InOcard assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. InOcard is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the InOcard Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the InOcard Services. Under no circumstances shall InOcard be responsible for any loss or damage, including personal injury or death, resulting from use of the InOcard Services, attendance at an InOcard event, from any User Content posted on or through the InOcard Services, or from the conduct of any Users of the InOcard Services, whether online or offline. The InOcard Services are provided "AS-IS" and as available and InOcard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. InOcard cannot guarantee and does not promise any specific results from use of the InOcard Services.
• Limitation on Liability. IN NO EVENT SHALL INOCARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE INOCARD SERVICES, EVEN IF INOCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INOCARD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INOCARD FOR THE INOCARD SERVICES DURING THE TERM OF MEMBERSHIP.
• U.S. Export Controls. Software available in connection with the InOcard Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the InOcard Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
• Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and InOcard agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the InOcard Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
• Indemnity. You agree to indemnify and hold InOcard, its parents, subsidiaries, related companies, suppliers, licensors and partners, directors, and affiliates, and their respective officers, agents, employees, and representatives harmless from any loss, liability, claim, or demand, including all cost and reasonable attorneys' fees, made by any third party due to or arising out of your use of the InOcard Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the InOcard Services causes InOcard to be liable to another. InOcard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of InOcard. InOcard will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
• Unauthorized Access. InOcard reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the InOcard Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
• Investigations. InOcard, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If InOcard becomes aware of any possible violations by you of the Terms of Agreement or any law or third party right, InOcard reserves the right to investigate such violations. If, as a result of such investigation, InOcard believes that criminal activity has occurred, InOcard reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, InOcard is entitled to disclose any information or InOcard Website Content, including Your Content, in InOcard's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Agreement, (iii) respond to any claims that Your Content violates the Terms of Agreement or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of InOcard, its Users or the public, and law enforcement or other government officials, as InOcard in its sole discretion believes to be necessary or appropriate.
• Other. This Agreement is accepted upon your use of the InOcard Website or any of the InOcard Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and InOcard regarding the use of the InOcard Services. The failure of InOcard to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. InOcard is a trademark of InOvation Production, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
  If there is any dispute about or involving the InOcard Website or InOvation Production, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Los Angeles, California. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you.
  • No agency, partnership, joint venture, or employment is created as a result of the Terms of Agreement, and you do not have any authority of any kind to bind InOcard in any respect whatsoever.
  • InOcard may provide you with notices, including those regarding changes to the Terms of Agreement by email, regular mail or postings on the InOcard Website.
  • Except as otherwise stated in this Agreement, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  • The failure of InOcard to exercise or enforce any right or provision of the Terms of Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  • The Terms of Agreement are not assignable, transferable or sub-licensable by you except with InOcard's prior written consent, but may be assigned or transferred by InOcard without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

Please contact us at: Contact InOcard with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.