Terms of Service

Welcome to our website (the "Site"), made available to you by instaGrok Inc. ("instaGrok," "we," or "us"). Please read these terms of service carefully before using the Site. If you continue to browse and use the Site, even if you don't register, you are agreeing to comply with and be bound by these terms of service. If you do not agree with any of these terms of service, please do not use our Site. You understand and agree that we may change these terms of service at any time without prior notice. You may read a current copy of the terms of service at any time by selecting the "Terms of Service" link on the Site. The revised terms of service become effective at the time of posting. Any use of the Site after that date will constitute your acceptance of the revised terms of service. We reserve the right to suspend or terminate the account of any user who does not abide by these terms of service.

1. Proprietary Rights And License

The Site contains material that is owned or licensed by instaGrok and is protected by United States and foreign intellectual property laws, including without limitation copyright. All these intellectual property rights are reserved, and your use of the Site and its content gives you no rights in or to the content.

The Groks generated by the Site are property of instaGrok. These Groks will link to and display information (text, videos, images, etc.) that are property of other copyright holders. Please consult those sites for more information about their policies and licenses. All trademarks, logos, service marks, and trade names displayed on the Site or on content available through the Site that are not owned by instaGrok are the property of their respective owners.

You must retain all copyright and other proprietary notices contained in the original content on any copy you make. You may not reproduce, upload, post, transmit, download, modify, sell, or distribute the contents of the Site or its contents or information on sites accessible through links on the Site, provided that you may modify any content that you create and post.

This license will automatically terminate if you violate any of these restrictions and may be terminated by at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

2. Your Account

You do not need to register to use instaGrok: you may research topics by making Groks on the subjects that interest you. Additional features, such as history and journal functionality, may require registering for an account. There is no charge for using the base features, but further functionality, such as the educator dashboard, may require payment.

You may terminate your account at any time by contacting us at info@instaGrok.com.

You are responsible for all activity conducted on or through your account, and you may not share your account with anyone else. By registering, you agree that you will not take any actions designed to compromise the performance or integrity of the Site or interfere with its proper working, or attempt to gain unauthorized access to any aspect of the Site.

3. Materials You Create And Public Forums

Certain portions of the Site, such as journals and notes, enable you to add content, ideas, and information to instaGrok. With regard to this functionality specifically (but not exclusively), while using the Site, you agree that you will not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials that may be illegal or unlawful, may infringe any third party's legal rights, or are capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law), nor may you advertise or solicit on the Site. By posting or submitting materials to the Site, you represent that you have all necessary rights in and to such materials; that such materials will not infringe on any personal or proprietary rights of any third parties; that such materials will not contain defamatory, indecent, or otherwise unlawful content; and that such materials will not contain any viruses or other destructive features.

We are not responsible for any materials posted by others on our Site, which may not reflect the views and opinions of instaGrok. Although we have no obligation to screen, edit, or review posts, we reserve the right to monitor posts and remove any that we consider, in our sole discretion, to be in breach of these terms of service, and to deny access to anyone who violates these terms of service. INSTAGROK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE SITE OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE OF THE SITE.

While we have no ownership rights in any materials you create and post or submit to the Site, by doing so, you are granting instaGrok a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit, incorporate in other works, and copy such materials on or via our Site and any other form, media, or technology now known or later developed.

4. Links To Other Sites

Links to, or embedded images from, other web sites are a core component of the Groks generated by instaGrok. They may offer additional resources on related subjects, but we have not reviewed all of these linked sites or embedded images and are not responsible for the contents or accuracy of any such linked site or image. These links and images are provided as a convenience to you and do not imply our endorsement of the site. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any linked sites, you do so at your own risk.

5. Personal Information

In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of personal information that you provide are set forth in our Privacy Policy, which is incorporated into these terms of service. You acknowledge and agree that you are solely responsible for the accuracy and content of all information that you provide to us. If we need to contact you, we may do so using your email address.

Please be aware that personal information--such as your name or email address--that you voluntarily disclose on services such as journals or notes, could be collected and disclosed by others. instaGrok cannot take any responsibility for such collection or disclosure.

6. Disclaimer And Limitation Of Liability

INSTAGROK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ITS CONTENTS (INCLUDING WITHOUT LIMITATION ANY MATERIAL CREATED OR COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INSTAGROK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE. FURTHER, INSTAGROK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE, OR THAT THE SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL INSTAGROK, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE, BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, EVEN IF INSTAGROK OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. IN NO EVENT SHALL INSTAGROK OR THE OTHER INDIVIDUALS AND ENTITIES IDENTIFIED ABOVE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL INSTAGROK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, OR $100.

Some jurisdictions do not allow exclusion of implied warranties, or the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. Any action on any claim against instaGrok must be brought within one year following the date the claim first accrued, or it will be deemed waived.

7. Revisions And Errata

The materials appearing on the Site could include technical, factual, typographical, or photographic errors. instaGrok does not warrant that any of the materials on the Site are accurate, complete, or current.

8. Indemnification

You agree to defend, indemnify and hold instaGrok and our affiliates, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software, or other materials on or through the Site, or your breach or violation of the law or of these terms of service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent.

9. Compliance With Local Laws

The Site is controlled and operated by instaGrok in the United States and is intended for use within the United States. instaGrok makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

10. Miscellaneous

Any claim relating to the Site shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms of service shall be filed only in the state or federal courts located in California. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. If any provision of these terms of service is deemed unlawful, void or unenforceable, then such provision shall be severed from the terms of service and the remainder of the terms of service shall remain in effect.

The effective date of these terms of service is September 30, 2013.

Digital Millennium Copyright Act Compliance

If you believe that any materials posted on the Site by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:

Designated Agent
instaGrok Inc.
1730 California St
Berkeley, CA 94703
E-mail: info@instaGrok.com

Your notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
Identification of the allegedly infringing material on the Site, and information reasonably sufficient to permit us to locate such material on the Site;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an email address;
A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.