Terms of Service

Last Updated: June 7, 2023

Introduction

These Terms of Service ("Terms") govern your use of the website at IPinfo.io and all interactive features and communications provided in connection with the website (the "Site"). These Terms are an agreement between you and IDB LLC, which is the provider and operator of the Site. For the purposes of these Terms, "we," "our," "us," and "IDB" refer to IDB LLC.

Your use of the Site indicates your agreement to these Terms. If you are registering for or using the Site on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN THE MISCELLANEOUS SECTION. THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.

IDB may change these Terms on a going-forward basis at any time and in our sole discretion. If IDB makes changes to these Terms, we will notify you of the changes by sending a message to the email address we have on file for you or by adding a notice on the Site. We will also update the "Last Updated" date at the top of these Terms when we make changes.

IF YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH IDB FOR DATA SERVICES, THE TERMS AND CONDITIONS OF THAT SEPARATE AGREEMENT APPLY TO THE PROVISION OF THE DATA SERVICES, NOT THESE TERMS.

CERTAIN FEATURES OF THE SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.

Privacy Policy

The Site is provided in accordance with our Privacy Policy, which can be found at https://ipinfo.io/privacy-policy. You agree to the use of your personal information in accordance with these Terms and IDB's Privacy Policy.

Your Account

You may be asked to register when using the Site. If so, you may be required to provide IDB with certain information, including your name, contact information, username and password ("Credentials"). You are responsible for maintaining and protecting your Credentials and account. You agree to provide true, current, and complete information about yourself or the entity you represent as prompted by the Site's registration or subscription page. If your contact information or other information relating to your account changes, you must notify IDB promptly and keep such information current. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify IDB of any unauthorized use of your Credentials or if your account or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify IDB immediately.

Content

A variety of information, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made available through the Site by IDB or its suppliers ("Content"). While IDB strives to keep the Content that it provides through the Site accurate, complete, and up-to-date, IDB cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any Content. Under no circumstances will IDB be liable in any way for any such Content.

Proprietary Rights

You acknowledge and agree that IDB (or IDB's licensors) owns all legal right, title and interest in and to the Site and the Content and that the Site and the Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws of IDB or its licensors.

License from IDB and Restrictions on Use

IDB gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Site as limited by these Terms. You may not (and you may not permit anyone else to): (i) download, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of software used on the Site or any part thereof; (ii) attempt to disable or circumvent any security mechanisms used by the Site or any applications running on the Site; (iii) engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site), (iv) use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Site, (v) use the Site to assemble email lists for the purposes of sending out mass emails or "spam." You may not access the Site for the purpose of collecting Content for sale or resale without the express written consent of IDB.

You agree that you will not use the Site in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or IDB, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising). You must be 18 years of age or older to use the Site. You may not use the Site if you are barred by law from using the Site.

Trademarks/No Endorsement

All trademarks, service marks and trade names of IDB used on the Site or the Content (including but not limited to: IDB name and IDB corporate logo) (collectively "Marks") are trademarks or registered trademarks of IDB or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.

Site Modifications

IDB is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the Site may change from time to time without prior notice to you, subject to the terms in the Privacy Policy. Any new features that may be added to the Site from time to time will be subject to these Terms, unless stated otherwise. You agree that IDB, in its sole discretion and for any or no reason, may terminate your account or any part thereof and your use of the Site. You agree that any termination of your access to the Site may be without prior notice, and you agree that IDB will not be liable to you or any third party for such termination.

Upon any termination of the Site or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."

IDB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IDB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA AND INFORMATION PROVIDED THROUGH THE SITE WILL BE ACCURATE.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT IDB'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

SUBJECT TO THE DISCLAIMER OF WARRANTY SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS ON IDB'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IDB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IDB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID IDB IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

Indemnification

You agree to hold harmless and indemnify IDB, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "IDB and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Site, (c) your violation of applicable laws, rules or regulations in connection with the Site, (d) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights, (e) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, or (f) any other party's access and use of the Site with your unique username, password, or other appropriate security code.

Release

In the event that you have a dispute with one or more users of the Site, you release IDB (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Third-Party Content

The Site may include references or hyperlinks to other web sites or content or resources or email content. IDB has no control over any web sites or resources which are provided by companies or persons other than IDB.

You acknowledge and agree that IDB is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that IDB is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Feedback

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products. By submitting any feedback, you give to IDB, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your feedback in any way and for any purpose. IDB will treat any feedback you provide to IDB as non-confidential and non-proprietary. You agree that you will not submit to IDB any information or ideas that you consider to be confidential or proprietary.

Notification

We may send you notices about these Terms, the Site, or your account (if any) using any contact information we have about you, including any contact information you provided to us. Notices are effective when we send them, unless the notice specifically states otherwise.

Force Majeure

IDB is not responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Miscellaneous

These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Site. These Terms cannot be modified by anyone but IDB. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of IDB to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by IDB must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. Except for claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site shall be finally settled by binding arbitration in King County, Washington under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. The arbitration award may be enforced in any state or federal court with jurisdiction.

Contact Us

If you have any questions about these Terms, please contact us at: [email protected].