INTRO TO THE PROXIMITY TOOL!Igniteble LLC provides the Proximity Tool – a service offered by Igniteble is a fully integrated solution platform enabling optimized retail analytics and improved customer engagement. To keep it simple, we'll refer to any or all of this as the "Service".
When you access or use the Service, you are agreeing to the following terms and conditions ("Terms") and acknowledge that they are a binding legal agreement between you and Igniteble.
By accessing or using the Service on behalf of an organization, like a company, you are also agreeing to these Terms on behalf of that organization and saying that you are authorized to do that on behalf of your organization.
What's yours is yours and vice versa.When you add content to the service you are NOT giving us ownership of what you added. Likewise, we are not giving you ownership of anything belonging to Igniteble. You are giving us certain rights to use things you add to the Service as part of our operation of the Service and we are giving you the right to use the Service.
Be exceptional and show some class. The Service is only provided for lawful purposes and not for engaging in or promoting illegal activity. Also, don't do things that would harm the Service or make it less enjoyable for others.
WHO CAN USE Igniteble?The Service is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the Service. If you use or access the Service you are telling us that you are 13 or older. You may use the Service only as allowed by these Terms and all applicable laws. If something you want to do on the Service violates the Terms or the law, don't do it.
Your User Content is yours and User Content added by others is theirs. By adding something to the Service you are not giving Igniteble or anyone else ownership of that User Content.
When you put User Content on the Service, you do give us (and our service providers, partners and other users) free and unlimited rights to use your User Content as part of the Service including as the Service may evolve in the future. This means we can use, including copying, modifying etc., what you put on the Service as part running the Service worldwide and including things like enabling it on different devices and platforms. For example, this license allows us to make your public links and related information available to others as part of their use of the Service. This also means that other users of the Service can use your publicly available content as part of their use of the Service.
YOU ARE RESPONSIBLE FOR WHAT YOU DO ON THE SERVICE.You are responsible for your use of the Service and all of your User Content, we are not responsible or liable for any use of your User Content. Depending on your privacy settings, your User Content may be used by us, other users, and our partners. If you don't have the right to submit your User Content for such use, it may subject you to liability. When you add content to the Service you are representing that you have all the necessary rights to do so and to enable others to use the content as described in these Terms.
CAN I REMOVE CONTENT I ADD TO THE SERVICE?Yes, you may remove your User Content from the Service at any time by specifically marking it for deletion or terminating your Account. If you choose to remove your User Content or to terminate your Account, your User Content will be removed from our systems in a commercially reasonable amount of time (e.g., time enough to allow our services to update), provided, however, we may retain an archived copy as required by law. In addition, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise licensed to others as contemplated in these Terms. For instance, once an RSS feed has been downloaded we do not have the ability to change that download; so, if you delete something after that RSS feed has been downloaded what you deleted will not be deleted from the downloaded copy. Likewise, to the extent that search engines or others archive pages it's possible your content will remain available through those search engines even though it's not available on the live version of our site (or even in any cached versions we maintain).
SHOULD I BACK-UP MY CONTENT?Yes, and Igniteble may provide registered users with simple export options to do this in the future. While we do not anticipate an event where a user's information would be lost, we cannot guarantee it will never happen. Therefore, it's your responsibility to back-up your User Content. You agree that Igniteble is not responsible or liable for the deletion of, or the failure to store or to transmit any User Content. Users whose accounts have been terminated by Igniteble as allowed in these Terms will need to contact Igniteble directly if they wish to obtain a copy of the User Content they added. Igniteble will consider such requests on a case by case basis and is under no obligation to grant such request or provide such information.
WE DO NOT SUPPORT THE UNIVERSAL MOVE TO BEING PC, BUT STAY CLASSY.Igniteble has no obligation to monitor your access to or use of the Service or to review or edit any User Content you choose to add and we do not do so as part of our normal operations; however, Igniteble has the right to do these things for the purpose of operating the Service, to ensure your compliance with these Terms and applicable laws. Igniteble reserves the right, at any time and without prior notice, to remove or disable access to any content on the Service that Igniteble, it its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
CAUTION, WE'RE TRYING TO GET OUR COLLECTIVE ARMS AROUND THE INTERNET SO YOU MAY STRAY OFF ON SOME LINK TO MATERIAL THAT'S NOT YOUR CUP OF TEA:.The Service contains links to other websites that our users have shared. If you choose to click on a link and go to another site you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. If you aren't sure a site is safe and inoffensive to you, don't click on the link. If you click a link and something bad happens when you visit another site we are not responsible or liable in any way. We're not responsible for the content of other sites and we're not responsible for links users share on the Service. Just because a user has shared a link does not mean it's safe and the fact that the link is on the Service does not mean we have checked it, endorsed it or otherwise determined its ok for you to visit, we have not. You assume all risk from visiting sites linked to on the Service.
COPYRIGHTS AND TRADEMARKS:Igniteble realizes there are moves under foot to leverage copyright and trademark laws to undermine free speech. At the same time we embrace the artistic 'Fair Use' doctrine. However, we all have to navigate the current legal landscape and suffer the ensuing blows to our liberty that may accompany this system. Therefore, Igniteble respects copyright and trademark laws and expects its users to do the same. Igniteble has adopted and implemented a policy that tells copyright owners how to notify us if they believe content on the Service infringes their rights. Please see the Igniteble Copyright Policy for further information.
We have the right to and will terminate users' accounts if they repeatedly infringe or are believed to be repeatedly infringing other people's rights. We also reserve the right to require a user to change their username for any reason including infringement of someone's rights.
By the way, copyright and trademark laws also protect the Service and Igniteble exclusively owns all rights to the Service except as expressly provided in these Terms. All trademarks, service marks, logos, trade names and any other proprietary designations of Igniteble used herein are trademarks or registered trademarks of Igniteble. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
HOW TO BEHAVE:Igniteble was designed to help elevate our collective consciousness, so any behavior that runs counter to this over-arching philosophy will no be tolerated.
DO NOT:Post, submit or transmit any User Content that constitutes a direct, specific threat of violence against another;
Use ad hominem attacks when you cannot support your side of an argument. This includes the use of the term 'Conspiracy Theorist' against another user just because they questions an official narrative. So either post well thought out counter points or we'll ensure that you need to go shill somewhere else.
Be a sponsored troll. We especially love to hunt down your type and permanently ban you.
Be a sponsored shill. We especially love to hunt down your type and permanently ban you.
Use the Service for an unlawful purpose or for promotion of illegal activities;
Impersonate others through the Service in a manner that does or is intended to mislead, confuse or deceive others;
Access, tamper with, or use non-public areas of the Service, Igniteble's computer systems, or the technical delivery systems of Igniteble's providers;
Attempt to probe, scan, or test the vulnerability of any Igniteble system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Igniteble or any of Igniteble's providers or any other third party (including another user) to protect the Service or any content on the Service;
Attempt to access or search the Service or any content on the service or download any content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Igniteble or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, intentionally linking to malicious content, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission; or
Encourage or enable any other individual to do any of the foregoing.
RIPIf you violate any of these Terms, your permission to use the Service may be suspended or permanently revoked. We reserve the right to suspend, disable or terminate your Account, in our sole discretion and without prior notice to you, with or without cause. You may cancel your Account at any time via the "Settings" section of your Account.
WANT TO TELL US HOW MUCH YOU LOVE US?Any feedback, comments and suggestions for improvements to the Service that you submit to Igniteble ("Feedback") will be the sole and exclusive property of Igniteble and by submitting such Feedback you irrevocably assign to Igniteble and agree to irrevocably assign to Igniteble all of your rights in all such Feedback, including all related intellectual property rights. Your submission of any Feedback to Igniteble is entirely voluntary and we will be free to use such Feedback as we choose and without any obligation to you.
THE SERVICE IS AVAILABLE "AS-IS"Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an "AS-IS" and "AS-AVAILABLE" basis. WITHOUT LIMITING THE FOREGOING, Igniteble EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty (i) that the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Igniteble or through the Service will create any warranty not expressly made herein.
LIMITATION OF LIABILITYYOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Igniteble NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Igniteble HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Igniteble's AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGHT THE SERVICE EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Igniteble AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CONTROLLING LAW AND JURISDICTIONThese Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms, including any claims arising from or related to the use of the Service or Service Content, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
WE MAY MAKE MODIFICATIONS OR CHANGESIgniteble may, its sole discretion, choose to modify, discontinue or terminate the Service, at any time and without prior notice. Igniteble may also choose to modify the Terms. If we choose to modify the Terms, we'll post them and give you a chance to provide feedback before they become effective except in extraordinary circumstances where we think it's important for them to become effective as soon as they are posted in which case we'll make that clear. Once they become effective your continued use of the Service will mean you agree to be bound by the new terms. If you don't agree then you need to stop using the Service.
ENTIRE AGREEMENTThese Terms constitute the entire and exclusive understanding and agreement between Igniteble and you regarding the Service and Service Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Igniteble and you regarding the Service and Service Content.
ASSIGNMENTYou may not assign or transfer these Terms, by operation of law or otherwise, without Igniteble's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Igniteble may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
NOTICESAny notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Igniteble (i) via email (in each case to the address that you provide); or (ii) by posting on the Site or via the Service. For notices made by e-mail or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.
GENERALThe failure of Igniteble to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Igniteble. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
CONTACTING USIf you have any questions about these terms, please contact us at info@Igniteble.com.
OUR CORE PRIVACY PRINCIPLES:We take your privacy very seriously.
We collect your information to provide and improve our Service and increase your enjoyment in using it.
Providing us with your Personal Information is your choice.
WHAT INFORMATION DOES Igniteble COLLECT WHEN WE SIGN UP?You may use certain features of the Service without registering; however, to get access to all the features of the Service you will need to register at which time you will be asked to provide certain information most of which is optional. The only information you are required to provide is your user name (which will be publicly visible), your email (which will not be publicly visible) and a password (which will not be publicly visible). All other information you provide when registering or later add to your profile is optional. Additional profile information you choose to provide, including your name, will be publicly available.
Personal Information is information that can be used to contact or identify you. Personal Information includes, but is not limited to, your user name and email address. We use your Personal Information to provide the Service and administer your inquiries. We will also use your Personal Information to contact you with Igniteble newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Settings" information. (See "Changing or Deleting Information," below.) We do not collect Personal Information from users who are not registered.
Non-Identifying Information is the other information that you provide as part of registration and the administration and personalization of your user experience examples may include: zip code (on its own), gender and geolocation. We may use Non-Identifying Information alone or aggregated with the Non-Identifying Information of other users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combination of your Personal and Non-Identifying information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Service Usage Information.
When you use our Service our servers automatically record information that your browser sends whenever you visit a website or online service ("Log Data"), including, but not limited to, your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for via our Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service (e.g., to understand how our users interact with advertisements), for the Service's technical administration, to increase our Service's functionality and user-friendliness, and to better tailor it to our visitors' needs. We do not treat Log Data as Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Like many websites and online services, we use "cookies" on our Service to collect information. A cookie is a small data file that we transfer to your computer's hard disk. Most Internet browsers automatically accept cookies. We may use both session cookies and persistent cookies to better understand how you interact with our Service, to save your preferences and personalize the Service for you, to monitor aggregate usage by Igniteble Users and web traffic routing on our Service and to improve our Service generally. Third party advertisers may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
We also use "pixel tags," "clear GIFs" or similar means (individually or collectively "Pixel Tags") on our Site. A Pixel Tag is an electronic image, often a single pixel, embedded on web pages. Pixel Tags are ordinarily not visible to users. Pixel Tags allow us to count the number of Igniteble Users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.
DO YOU SHARE MY INFORMATION WITH OTHERS?Personal Information.
Your user name, name, and any profile information you choose to add will be publicly available so consider whether you want to include any Personal Information in your profile. Content you add to the Service (things like links, comments, notes, titles, etc.) will be publicly available unless you choose to mark your submission as ‘private' and you should keep in mind that your user name (and hence your profile and everything in it) will be associated with all such public submissions. Any User Content marked private will only be viewable to you and those users to whom you explicitly grant access. Other than the foregoing, we do not share Personal Information with third parties except as follows:
Third Party Social Networking Services.
Registered users may link their accounts with certain third party social networking services ("SNSs"). In these instances, with your permission and on your behalf, we will share your Personal Information, including, but not limited to, information contained in your profile and any bookmarks with the applicable SNS. Through use of such services' APIs we also receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any. Other than what we may share with the SNS in connection with your linking of accounts, the personal information an SNS has about you is obtained by the SNS independent of our Service. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement.
We may disclose any of your information if we are provided with a court ordered search warrant to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Igniteble's rights or property.
Igniteble may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We will provide you with notice of the transfer of your Personal Information to the new entity.
Non-Identifying and Service Usage Information. We may share Non-Identifying Information and Service Usage Information in aggregated or non-aggregated formats with third parties for industry analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Information.
CHANGING OR DELETING YOUR INFORMATIONAll registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us or via the "Settings" section of the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at CS@Igniteble.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
SECURITYIgniteble is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances (e.g., we encrypt certain information using secure socket layer technology (SSL)). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.