Terms & Conditions
TERMS OF SERVICE
Hello and welcome to Imby’s Terms of Service (or “Terms”)! This page contains important information about your legal rights. When you use Imby, you’re agreeing to these terms. They are lengthy and required by our legal advisors. Please contact us here with questions. Now let’s get started….
Creating an Account
Staying Safe. Your safety and security are important to us. The nature of this Website promotes the sharing of personal information by users with other users. Imby cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account. Imby does not conduct criminal background checks on or screenings of its users.
Eighteen And Older. The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you're at least 18. Mobile Services. The Service includes certain services that are available via a mobile device and your wireless service carrier’s standard charges, data rates, and other fees may apply. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. So you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services you agree We may communicate with you regarding Imby and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. Imby reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Imby on our Site and you agree to not use the Service to:
Post or transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable or which promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual (basically, be a good neighbor); (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise); (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Imby, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Imby or its users to any harm or liability of any type;
“stalk,” harass, advocate harassment or otherwise violate the legal rights of others;
harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresents your affiliation with a person or entity;
exploit people in a sexual or violent manner;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party‘s use and enjoyment of the Service;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
We may review your conduct and User Content for compliance with these Terms and delete that Content in violation of these Terms. Even though we have no obligation to do so and are not responsible for User Content.
We may use in perpetuity, worldwide and free of charge, your comments for the purpose of Imby marketing and promotional activities and will remove all personal, identifiable information from marketing material unless you explicitly grant permission. If you don't want your comments featured in marketing material you can opt out at anytime via the Services or by contacting us at My@Imby.Community.
Follow The Law.
You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
The Service is for your personal use and may not be used for direct commercial endeavors.
The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.
No Resale of Service.
The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any commercial matter, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Imby or third parties which is prohibited by law and could result in substantial civil and criminal penalties. So long as you comply with these Terms of Service, you are authorized to access, use, and make limited number of copies of information and materials available on this Website only for the purposes of your personal use to learn more about Imby or its products or services, or to otherwise communicate with Imby or utilize our Services.
Third Party Services And Sites and User Content Third Party.
The Services are integrated with various third party services, applications and sites (collectively, “Third Party”) that may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
Links to Third Party Sites.
The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we are certain such User Content is accurate, useful or non-harmful. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. In your digital interactions with other users you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. Imby reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, Imby may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community. Intellectual Property The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without Imby’s written permission except as expressly set forth herein. Users may not publish or create derivative works from the contents of this website for any public or commercial purposes. Notices and disclaimers. Use of these Services is provided “as is, where is” as an accommodation and without warranty of any kind. Imby expressly excludes any express or implied warranty of title, merchantability, fitness for a particular purpose or non-infringement in respect of this website and any links to this website. In no event shall Imby be liable for damages of any kind incurred by you as a result of an inaccuracy or error in the information provided on the website, any deficiency, error or interruption in the Website, or any deficiency, defects or failures of any goods or services provided via this website or any links to this Website. Imby shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data or equipment arising out of your reliance on the information provided on this website, the use or inability to use this Website or any deficiency, defect or failure of any Services purchased or provided via this Website or any links to this Website, even if Imby has been advised of the possibility of such damages. Your sole remedy in the event of any deficiency, defect, failure, error or interruption shall be to request that Imby correct the matter or, if Imby fails to do so, to discontinue use of the Website or any relevant Services at your option.
Imby Owns Imby.
The Services are protected by copyright, trademark and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
We Can Use Your Feedback For Free.
We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
Our Betas Are Still In Beta.
We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
Term And Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Imby at My.Imby.Community or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the state of Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Imby from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; and (c) your violation of any law or regulation or the rights of any third party.
You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
Entire Agreement. This Agreement constitutes the entire agreement between you and Imby regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions.
Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.