Terms of Service

Effective October 26, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SERVICES.

1. ACKNOWLEDGEMENT AND ACCEPTANCE

a. Welcome to Active Interest Media’s (“AIM”) http:// yonder.it website (the “Site”) and its Yonder™ mobile application. This Site, AIM’s related Yonder™ mobile application (the “App”) (collectively, the “Services”), are owned and operated by AIM and are being provided to You (as defined below) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on through the Services by AIM (collectively, the “Terms of Use”).  These Terms of Use govern use of the Services (including the listing of and participation in Events (defined in Section 10) listed through the Services) by visitors to the Site, registered individual or organizational users of the Site and/or owners of the App (each, a “User”)  For the purposes of this Agreement, "You" or "Your" shall refer to you as a User.

b. CAUTION: Read the following TERMS OF USE carefully.  BY USING THE SITE, OR BY DOWNLOADING, USING OR OTHERWISE POSSESSING THE APP, You agree to the Terms of Use in this Agreement and represent and warrant that You have the authority to be bound by the TERMS OF USE.  If YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT USE THE SITE, YOU SHOULD NOT DOWNLOAD THE APP, YOU SHOULD NOT USE THE APP, AND YOU SHOULD DISCONTINUE ALL OTHER USE OF THE SERVICES.

c. The Services are controlled and offered by AIM from its facilities in the United States of America.  AIM makes no representations that the Services are appropriate or available for use in other jurisdictions.  If You are a non-U.S. resident and access the Services, You do so at Your own risk and are responsible for compliance with local laws and regulations.  You may not access, download, use or export the Services or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

d. You represent to us that You are eighteen (18) years of age or older. If You are under the age of 18, Your parent or legal guardian must agree to these terms of use on Your behalf. You also represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. If You do not meet these criteria, You are not authorized to download, use, or possess the App.

2. MOBILE APP Terms

a. AIM may provide the App using one or more distributors, such as Apple Inc. (“Apple”), or others (collectively “Distributors”). You acknowledge that this Agreement is between You and AIM only, and not with the Distributor, and that the Distributor has no responsibility whatsoever for the App and the content thereof.

b. By downloading the App through Apple, AIM grants to You a non-transferable license to use the App on any iPhone, iPod Touch or iPad that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (as provided by Apple).

c. You acknowledge and agree that our Distributors and affiliates may be third party beneficiaries of this Agreement, and that, upon Your acceptance of the Terms and Conditions of the Agreement, our Distributor will have the right (and You will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.

d. You acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, AIM, not our Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

e. You acknowledge that our Distributors are not responsible for addressing any claims of Yours or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. You acknowledge that AIM is solely responsible for providing maintenance and support services with respect to the App, as specified under this Agreement or as required under applicable law. Our Distributors have no obligation whatsoever to furnish maintenance and support services with respect to the App.

3. ACKNOWLEDGEMENT OF LICENSE GRANT AND Services Content.

a. Subject to these Terms of Use, AIM hereby grants You a nonexclusive, nontransferable right to (i) download the App; (ii) access the Site; and (iii) access the information, materials, research, studies, reports text, graphics, images, sound files, animation files, video files and any other material made available through the Services (the “Content”). Unauthorized access to the Services, or to the telecommunications or computer facilities used to deliver the Services, is a breach of the Terms of Use and is a violation of law.

b. You will protect the Content from unauthorized copying or use.  Modifications of, additions to, or deletions from the Content are strictly prohibited.  Except as specifically permitted in these Terms of Use, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Services in any manner which violates these Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Services; or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).  You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Content.  Reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without AIM’s written permission is forbidden.  Upon request, You will provide AIM with evidence of compliance with this Section 2.  Any special rules for the use of certain software and other Content accessible through the Services may be included elsewhere within the Services and are incorporated into these Terms of Use by reference.

c. The Content of the Services is protected by copyright and other United States and foreign intellectual property and related laws.  The Content includes both material owned or controlled by AIM and material owned or controlled by third parties and licensed to AIM.  Except for Content You post using the Services, which is subject to Section 9 below, title to all Content remains with AIM or the third party owners of such Content.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  All rights not expressly granted herein are reserved by AIM.  Any questions regarding use of the Content should be directed to feedback@yonder.it.

4. ELIGIBILITY and registration

Certain features of the Services, including the ability to create a profile (“User Profile”) and list Events (as defined in Section 10).may be made available by AIM to Users that complete a registration form and can form legally binding contracts under applicable law.  In order to register and maintain a user account (“Account”) account, You must: (a) provide certain current, complete, and accurate information about the User as entered on the registration form (“Registration Data”); and (b) maintain and update the Registration Data as required to keep information current, complete, and accurate.

5. Account PASSWORD AND SECURITY

Access to Your Account is through a combination of a unique user name (“User Name”) and a password (“Password”) provided by AIM to You upon AIM’s review and acceptance of Your Registration Data.  You are responsible for maintaining the confidentiality of Your User Name and Password.  Furthermore, You are entirely responsible for any and all activities which occur under Your User Name and Password.  You agree to immediately notify AIM of any unauthorized use of Your Account or any other known breach of security.  Although AIM will not be liable for losses caused by any unauthorized use of Your Account, You may be liable for the losses of AIM or others due to such unauthorized use.  AIM will treat the Registration Data and all other Personal Information it collects in accordance with AIM’s Privacy Policy, which is incorporated herein. You are solely responsible for (a) any charges, damages, or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your User Name and Password; and (b) promptly informing AIM in writing of any need to deactivate any User Name and Password due to security concerns.

6. USER CONDUCT

You agree that when using the Services, You will act in a manner consistent with the goals of the Services, and by way of example, and not as a limitation, You specifically agree that:  (a) You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law; (b) You will not post information on or download information from the Services unless You have all rights and authority necessary to do so; (c) You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Services, including but not limited to, text, graphics, audio, and video files; (d) You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of AIM.  You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited; ( e) You will not impersonate another person or entity, including but not limited to, a AIM representative, or communicate under a false name or a name that You are not entitled or authorized to use; (f) You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content; (g) You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Services; (h) You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (i) You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other Accounts, AIM servers, AIM software, or any areas of the Site or Services not intended for Your access; (j) You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by AIM for such purposes; (k) You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles; (l) AIM neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Services.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your Account or Your access to the Services, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of AIM.  AIM has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities.  If You believe Your Account or Your access to the Services has been terminated in error, please contact us.  AIM shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Services.

7. PUBLIC AREAS

a. If You use a public area of the Services where Users are allowed to post communications or other content (“Public Area”), You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the Public Area.  AIM is not responsible for the consequences of any communications in the Public Area.  AIM attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior.  However, AIM cannot and does not monitor the Public Area at all times and makes no guarantee with respect to Your experience in such area.  Anyone who feels that a posted message or image is objectionable is encouraged to notify AIM immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.

b. AIM reserves the right (but is not obligated) to, without limitation: (i) record the communications posted by Users; (ii) investigate any allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication; (iii) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the terms in Section 6 above or otherwise with these Terms of Use; (iv) monitor, edit, or disclose any communication through the Services and/or (v) edit or delete any communication posted through the Services, regardless of whether such communications violates these standards, each in AIM’s sole discretion.

8. PRIVACY POLICY

Registration Data and other information about Users will be treated in accordance with AIM’s Privacy Policy, the terms of which are incorporated herein.

9. USER CONTENT

a. You may submit content through the Services, including images, video, sound files, and text (collectively, “User Content”).  You understand that whether or not such User Content is published, AIM does not guarantee any confidentiality with respect to any User Content.  Further, AIM reserves the right to remove Content and User Content without prior notice.

b. You shall be solely responsible for Your own User Content and the consequences of posting or publishing it.  In connection with User Content, You affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize AIM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use.

c. You retain all of Your ownership rights in Your User Content. However, by submitting User Content through the Services, You hereby grant AIM a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and AIM’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each User of the Services a non-exclusive license to access Your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

d. You further agree that (i) You will not submit content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant AIM all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.

e. AIM does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and AIM gives no assurance of the accuracy of any User Content. AIM expressly disclaims any and all liability in connection with User Content.  

10. EVENT TERMS

a. These terms in this section (“Event Terms”) govern Your creation and/or participation in Events listed through the Services, including but not limited to, events, gatherings, promotions or meet-ups organized or hosted by AIM that may appear or be listed on the Site or App (“Yonder Events”) and events, gatherings, promotions or meet-ups organized or hosted by someone other than AIM but may appear or be listed on the Site or App (“Non-Yonder Events”) .  (Yonder Events and Non-Yonder Events are collectively referred to as “Events”).  

b. Users may also organize Events that include AIM representatives but that are not sponsored or endorsed by AIM.  These are Non-Yonder Events for purposes of this Agreement.  If You organize a Non-Yonder Event, You agree to (i) promote it as such, and (ii) not create the impression that it is sponsored or endorsed by AIM.  

c. You represent that You have the requisite power and authority to enter into this Agreement, including creation of Events and listing of such Events on the Site or in the App, and (iii) You have read and understood this Agreement, including the Event Terms and Privacy Policy.  If You create an Event, or RSVP to an Event through the Site or App (e.g. by clicking “RSVP” or messaging an Event organizer), You signal that You have read, understood, and agreed to these Event Terms.

d. By participating in or attending any Event, You agree that You may appear in photos and videos taken at an Event, and You authorize the use of such photos use on the Site and in the App and for promotional purposes by AIM and other Users.  Conversely, if You take any photos or videos of attendees at an Event and provide them to AIM, You authorize AIM to use such photos in the same fashion, and You represent that the attendees that appear in Your photos and videos have also consented to such use.

e.  Yonder does not control Non-Yonder Events or the Users that organize them.  Users or other attendees of Non-Yonder Events may take photos or shoot videos in which You may appear and post them on the Site and the App, and possibly on other sites and social media outlets.  By attending, or indicating that You will be attending a Non-Yonder Event or by inviting people, through the Site or App, You authorize the use of such media by AIM or the organizer of the Event for promotional purposes.

f.  You accept the inherent risks in any activities in which You choose to participate in, or invite others to participate in, during an Event. You acknowledge and understand that Your attendance at and participation in an Event is voluntary, and You agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law. You further agree that AIM is not responsible for any injuries or accidents that You might sustain at an Event.

g.  You (for Yourself, Your heirs, personal representatives, or assigns, and anyone else who might make a claim on Your behalf) hereby release, waive, discharge and covenant not to sue AIM and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorney fees) which may arise out of, result from, or relate in any way to Your attendance at any Event.

h.  You agree to indemnify and hold AIM, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with Your attendance or conduct at any Event.

i.  We reserve the right to cancel any Event at any time, for any reason, and without liability or prejudice.

11. Copyright Notification

AIM does not permit copyright infringing activities and other infringement of intellectual property rights through its Services, and AIM will remove all Content and User postings if properly notified that such Content or User postings infringe on another’s intellectual property rights.  If You are a copyright owner or an agent thereof and believe that any User posting or other Content displayed or otherwise used in connection with the Services infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail 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 owner, its agent, or the law; and 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.  Please contact AIM’s designated Copyright Agent at (802) 332-6201 to send notifications of claimed infringement.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AIM through the Contact Us area of the Site.  You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.

12. Trademarks

AIM, AIM’s logo, Active Interest Media, YONDER and other product and service names of AIM are trademarks of AIM (the “AIM Marks”).  You agree not to display, reproduce or otherwise use in any manner any AIM Marks without AIM’s prior written permission.

13. LINKS

The Services may provide links to other websites or resources.  AIM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  AIM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.  AIM provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the website or other resource.

14. DISCLAIMER OF WARRANTIES

a. THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS.  AIM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  AIM MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, NOR DOES AIM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICES.

b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM AIM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

15. LIMITATION OF LIABILITY

a. AIM SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SERVICES TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF AIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE DISTRIBUTOR FROM WHOM YOU OBTAINED THE APP AND THAT DISTRIBUTOR WILL REFUND THE PURCHASE PRICE OF THE APP TO YOU. OUR DISTRIBUTORS WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER POSSIBLE CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE AIM’S SOLE RESPONSIBILITY.

c. IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE.  EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.

d. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.

16. Unsolicited Idea Submission Policy

AIM is pleased to hear from Users and welcomes Your comments and feedback regarding the Services.  However, AIM does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send AIM such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when AIM’s services, products or marketing strategies appear similar to ideas submitted to AIM. All such submissions to AIM are considered the property of AIM. AIM does not have an obligation to protect the confidentiality of any such submission. AIM will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to You or any third party provider of such submission.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless AIM, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with Your use of or access to the Services, Your violation of these Terms of Use, the publication of Your User Content, or Your posting, or the posting by any other person using Your User Name or Password, of any objectionable material.

18. Modification, Waivers, Integration

AIM may modify these Terms of Use from time to time. Upon any material modification to these Terms of Use, AIM will provide You with notice of the modification and will post the modified Terms of Use, together with a description of the modifications made, via e-mail. The modified Terms of Use will be effective immediately upon its posting on the Services.  Your continued use of the Services after the posting of the modified Terms of Use on the Services constitutes Your agreement to abide and be bound by such terms, as modified. Should You object to any modification, Your sole recourse is to exercise its right to terminate Your use of the Services.  These Terms of Use may not otherwise be modified, except in a writing signed by both parties. AIM reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Services. AIM shall not be liable to You or any third party in the event that AIM exercises its right to modify or discontinue the Services (or any portion of the Services). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Use.  No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. These Terms of Use constitutes the entire agreement of the parties with respect to the matters contemplated hereby.

19. NOTICES

Any notice or other communication required or permitted to be made under these Terms of Use may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means.  Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means.  In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of AIM, below, or (ii) in the case of the User, in the registration form or other contact information provided by User to AIM.  Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in a writing.  Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms of Use, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of AIM, below, or (2) in the case of the User, in the registration form or other contact information provided by User to AIM.  Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form.  AIM may also broadcast notices or messages through the Services, or other matters of importance; such broadcasts shall constitute notice to Users.

20. NO RESALE OF THE SERVICES

Your right to use the Services is personal to You.  You agree not to reproduce, duplicate, copy, sell or resell the Services, without the express written consent of AIM.

21. ASSIGNMENT

You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without AIM’s prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You without AIM’s consent will be void.  These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.

22. Governing Law, Jurisdiction, Etc

These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the State of Delaware, without reference to principles of conflicts of law.  The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Vermont.  The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if AIM is the recipient, set forth below and (b) if the User is the recipient, set forth in the registration form or other contact information provided to AIM.  TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

23. Third Parties

These Terms of Use shall confer no rights upon any other party other than the parties hereto.

24. Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.

25. Section Headings

Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

26. ACKNOWLEDGMENT

You acknowledge that You have read and understand this Agreement, and that this Agreement has the same force and effect as a signed agreement.

27. CONTACT INFORMATION

If You have any questions, complaints, or claims regarding the App or Site, please use the contact information below:

Active Interest Media | Attn: Eric Henderson

5720 Flatiron Pkwy

Boulder, CO 80301

yonder@aimmedia.com / 310.356.4100