Web Site Privacy and Terms of Use Policy

This Terms of Use was last updated on May 29, 2014.

Thank you for visiting an Innovacyn, Inc. (“Innovacyn”) website or service. These Innovacyn Terms of Use (“Terms of Use”) set forth the terms and conditions that apply to your use of our websites or services. By using our websites or services, you agree to comply with all of the Terms of Use set forth herein. The right to use our websites or services is personal to you and is not transferable to any other person or entity.

1. Restrictions on Use of Our Websites or Services
Our websites or services may be accessible to you through a personal computer, or other access device using a communications connection (e.g., Internet service provider or modem and telephone line). As part of our websites or services, you will be provided with services that may include, without limitation, data, information, editorial content, customer testimonials, links to other web sites and other computer services that we may decide to offer, subject to these Terms of Use.

We may, in our sole discretion, discontinue or alter any aspect of our websites or services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of our websites or services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user´s right to use all or part of our websites or services, at any time in our sole discretion and without prior notice or liability.

You are responsible for obtaining access to our websites or services, and all charges (e.g., telephone, Internet service provider or airtime) associated with connecting to our websites or services. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access our websites or services.

Our websites and services are owned and operated by Innovacyn and its affiliated companies, and contain material, including but not limited to code and software, that is derived in whole or in part from material supplied and owned by Innovacyn and/or its suppliers and licensors (“Material”). You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of our websites or services or any Material from our websites or services.

Our websites and services are intended solely for users who are thirteen years of age or older and it is a violation of these Terms of Use for anyone under use our websites or services. You represent and warrant that you are thirteen or older.

2. Rules for Use of Our Websites or Services
(1) Conduct Required for Use of Our Websites or Services

It is a condition of your use of our websites or services that you do not: (i) restrict or inhibit any other user from using and enjoying our websites or services; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation, any images or other material depicting nudity, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia; (iii) post or transmit anything containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (iv) post or transmit any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, or cracking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities or any other forms of solicitations; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from our websites or services in a searchable, machine-readable database; (xi) use our websites or services to collect personal information about users of our websites or services in violation of our Privacy Policy; (xii) disguise a file to thwart our detection processes; (xiii) post or transmit anything constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) attempt to gain unauthorized access to other computer systems or networks connected to our websites or services, (xv) remove any copyright, trademark or other proprietary rights notice from our websites or services or materials originating from our websites or services; or (xvi) frame or mirror any part of our websites or services without our express prior written consent.

You agree that you will not use our websites or services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose.

We, at our sole and absolute discretion, shall determine whether any information transmitted or received violates any provision in this Terms of Use. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Any conduct originating from your account will be attributed to you.

(2) Monitoring
We have no obligation to monitor the use of our websites or services. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information uploaded to our websites or services for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations. Use of our websites or services constitutes consent to such monitoring. Furthermore, we reserve the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in our sole and absolute discretion are objectionable or in violation of these Terms of Use, and any action we take should not be seen as an endorsement of any such information or materials. In addition, we reserve the right at all times to disclose any information posted on any portion of the our websites or services as necessary in order to operate our websites or services, to protect Innovacyn, its parent, subsidiary companies, affiliates, suppliers, and their respective directors, officers, employees, and agents, and our websites’ or services’ users, to satisfy any law, regulation or governmental request or to enforce these Terms of Use.

(3) Communications on Our Websites or Services
Portions of our websites and services may provide you and other users an opportunity to submit, post, display, transmit, or exchange information, ideas opinions, photographs, video, creative works, or other information, messages, transmissions, or material to us, our websites or services, or others via uploading files, inputting data, submitting content, or engaging in any other form of communication (“Communication”), and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Innovacyn, are entirely responsible for all Communications that you upload, post, or otherwise transmit to or via our websites or services. In using our websites or services, you should not assume that such messages have been reviewed by us, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third-party. We neither endorse nor are responsible for any opinion, advice, information or statements made in the Communications by third-parties. You understand that by using our websites or services, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, for any loss or damage of any kind incurred as a result of the use of any Communication posted, or otherwise transmitted via our websites or services. The opinions expressed in any Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Innovacyn.

(4) License
By engaging in Communications through our websites or services, you are granting us a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Innovacyn. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through our websites or services, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.

(5) Personal Safety
When using our websites or services, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third-party of information voluntarily made public through any Communication or any other part of our websites or services. If you choose to make any of your personal information publicly available on our websites or services, you do so at your own risk.

3. Registering for Accounts on Our Websites or Services
Certain of our websites’ or services´ offerings will require registration. If you decide to use these services you will be required to register. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

When you register to use these websites or services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your membership and refuse current or future access to our websites or services. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy. We reserve the right to change the nature of this relationship at any time.

Should we provide to you a password, or should you select a password, that allows you to access certain parts of our websites or services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other breach of security, and that you will log off of our websites or services at the end of each session to prevent fraud on your account by third-parties.

4. Copyright
The content of our websites and services, including but not limited to text, graphics, logos, images, audio files, and video files, is the property of Innovacyn, its suppliers, or its affiliates, and is protected by United States and International Copyright Laws. Permission is granted to view and print materials from our websites or services for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site without the express prior written permission of Innovacyn is strictly prohibited.

15. Infringement Policy
Innovacyn, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, reserves the right, but not the obligation, to terminate your license to use our websites or services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. All claims of infringement must be submitted to us in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

3546 N. Riverside Ave / Rialto, CA / 92377
info@innovacyn.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third-party, please submit a list of such materials.

(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and if available, email address.

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

5. Trademarks
The trademarks, trade dress, and logos of Innovacyn and its affiliates may not be used without our prior written permission. Any other trademarks that appear on our websites or services are the property of their respective owners.

6. Links to Third-Party Web Site
Our websites or services may contain hyperlinks to third-party websites or services as a convenience to users of our websites or services. We do not control third-party websites or services and are not responsible for the contents of any linked-to third-party websites or services, or any hyperlink at any third-party web site or service. We do not endorse, recommend, or approve any third-party website or service hyperlinked from our websites or services. We will have no liability to any entity for the content or use of the content available through such a hyperlink.

7. No Warranties
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR WEBSITES OR SERVICES, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH OUR WEBSITES OR SERVICES, OR ANY WEBSITES OR SERVICES LISTED THEREIN, AND WE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. WE DO NOT WARRANT THAT OUR WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN OUR WEBSITES AND SERVICES WILL BE CORRECTED. OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.

IN NO EVENT WILL INNOVACYN OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES OR SERVICES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON OUR WEBSITES OR SERVICES, OR DOWNLOADED FROM OUR WEBSITES OR SERVICES, EVEN IF INNOVACYN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OUR WEBSITES OR SERVICES, LISTINGS, OR INFORMATION DOWNLOADED THROUGH OUR WEBSITES OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification
You agree to indemnify, defend and hold harmless Innovacyn and its members, managers, officers, employees, agents, and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your use of our websites or services and any violation of this Terms of Use by you.

9. Governing Law
This Terms of Use constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of California.

10. Forum
You hereby agree that any disputes arising under or in connection with this Agreement and/or our websites or services shall be submitted for resolution to federal and state courts in Los Angeles County in the State of California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11. Contact Information
Questions or comments regarding our websites or services should be sent by e-mail to info@innovacyn.com or by U.S. mail to Website Inquiry, c/o Innovacyn, Inc., 3546 N Riverside Ave., Rialto, CA 92377.

 

Privacy Policy

This Privacy Policy was last updated on May 29, 2014.

Thank you for visiting an Innovacyn, Inc. (“Innovacyn”) website or service. This Innovacyn Privacy Policy (“Privacy Policy”) does not describe information collection practices on other websites or services, including those linked to or from our websites or services. This Privacy Policy is in incorporated into, and is subject to, the Terms of Use.

1. What Types of Information You Provide
When you create an account or make purchases on one of our websites or services, you may provide us with personal information including your name, email and physical address, telephone number, and when necessary, credit card information.

2. What Types of Information We Collect
Our websites and services collect and save information which may include the date and time of your visit, the originating IP address, and the pages and images requested. Our websites or services may use cookies (small files that reside on your computer) to keep track of your visit and to deliver content specific to your interests. Our websites or services may not recognize or respond to Do Not Track (“DNT”) headers from web browsers.

We also work with third-party companies, in order to allow you to view our content on social media or share content from our websites or services, and to learn about our websites’ or services’ traffic and users. These third-parties may also use cookies, and may collect information relating to your visit including, but not limited to, your IP address, how long visits last, your interactions with our websites or services, and search related data that led you to our websites or services, or other information about the origin of traffic to our websites or services. These third-parties may not recognize or respond to DNT headers from web browsers.

We do not knowingly collect or solicit personal information from children under 13.

3. How We Use Your Information
We may use your information to operate, provide, maintain, or enhance our websites and services, including analyzing user behavior and trends. We may also send you administrative messages and other information about Innovacyn or our products and services, including, but not limited to, communications with you about your your purchases, account information, or for customer service purposes. Third-parties may use the information they collect from you before, during, and after your visit to our websites or services in accordance with their privacy policies. Some third-parties allow you to opt-out of, or customize your preferences regarding, third-party advertisements and services.

Our websites and services use Google’s analytics platform (“Google Analytics”), and other analytics platforms, in order to collect data about where traffic to our websites or services originates, how long visits last, and other associated information. For more information about Google Analytics, please visit Google’s official Google Analytics webpage here.

You can opt-out of Google Analytics for Dispay Advertising and customize Google Display Networks ads here. Google also offers other opt-outs for Google Analytics here. Alternatively, you can opt-out of the collection of data by Google and certain other advertising service providers at the Network Advertising Initiative’s opt-out page, here.

4. Storage and Disclosure of Your Information
We may transfer your information to service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, and information analysis.

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property or safety. We may share information to prevent illegal uses of our products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

Your information may be transferred to a third-party as a part of our business assets in a sale of a part or all of Innovacyn. If this should happen, notice will be provided by posting to one or more of our websites, services, or other form of communication.

We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted.

However, like other companies, Innovacyn cannot guarantee 100% the security or confidentiality of the information you provide to us.

5. Contact Information
Questions or comments regarding the Web Site should be sent by e-mail to info@innovacyn.com or by U.S. mail to Web Site Inquiry, c/o Innovacyn, Inc., 3546 N Riverside Ave., Rialto, CA 92377.