1. Your Acceptance
BY USING, VISITING, ACCESSING, BROWSING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE (collectively, including all Content available through the Imikimi.com domain name, the "Imikimi Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF IMIKIMI'S PRIVACY NOTICE (the "Privacy Notice"), WHICH IS PUBLISHED AT http://imikimi.com/main/privacy_policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
IMIKIMI MAY MAKE CHANGES TO THE TERMS OF SERVICE AND THE PRIVACY NOTICE FROM TIME TO TIME. WHEN THESE CHANGES ARE MADE, IMIKIMI WILL MAKE A NEW COPY OF THE TERMS OF SERVICE AVAILABLE AT http://imikimi.com/main/terms_of_use AND THE PRIVACY NOTICE AT http://imikimi.com/main/privacy_policy. YOU UNDERSTAND AND AGREE THAT IF YOU USE THIS WEBSITE AFTER THE DATE ON WHICH THE TERMS OF SERVICE AND/OR THE PRIVACY NOTICE HAVE CHANGED, IMIKIMI WILL TREAT YOUR USE AS ACCEPTANCE OF THE UPDATED TERMS OF SERVICE AND THE PRIVACY NOTICE.
PLEASE READ THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE IMIKIMI WEBSITE.
2. Imikimi Website
3. Website Access
- Imikimi hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Imikimi's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
- In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Imikimi immediately of any breach of security or unauthorized use of your account. Although Imikimi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Imikimi or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Imikimi servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Imikimi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Imikimi reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Imikimi Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Imikimi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Imikimi reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, downloading, printing, taking of screen shots, saving, or distribution of any of the Content other than expressly permitted herein, including any use, copying, downloading, printing, taking of screen shots, saving, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. Imikimi grants you permission to link to Content on the Website only for personal, non-commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Imikimi Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Imikimi Website or the Content therein.
5. User Submissions
- The Imikimi Website may now or in the future permit the submission of images or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Imikimi does not guarantee any confidentiality with respect to any submissions.
YOU SHALL BE SOLELY
RESPONSIBLE FOR YOUR OWN USER SUBMISSIONS AND THE CONSEQUENCES OF POSTING
OR PUBLISHING THEM.
In connection with User Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize Imikimi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
you have the written
consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and
these Terms of Service.
FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING THE USER SUBMISSIONS TO IMIKIMI, YOU HEREBY GRANT IMIKIMI: A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, IRREVOCABLE, PERPETUAL, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE IMIKIMI WEBSITE AND IMIKIMI'S (AND ITS SUCCESSOR'S) BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE IMIKIMI WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE IMIKIMI WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE, AT PRESENT AND AS IT EVOLVES, AND UNDER THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE GIVES A USER THE RIGHT TO TAKE OTHER USER SUBMISSIONS AND USE THEM FOR PURPOSES OUTSIDE THE CONFINES OF THIS WEBSITE. THESE RIGHTS SURVIVE TERMINATION OF THIS AGREEMENT OR YOUR ACCOUNT.
IMIKIMI ENCOURAGES THE UPLOADING, CREATION, AND SHARING OF USER CREATED IMAGES AND OTHER CONTENT WITHIN THE CONFINES OF THIS WEBSITE. YOUR CONTENT PUBLISHED ON IMIKIMI CAN AND WILL BE FURTHER MODIFIED AND CUSTOMIZED BY OTHER USERS, AND YOU EXPLICITLY AGREE TO THIS. THESE MODIFICATIONS AND/OR CUSTOMIZATIONS BY OTHER USERS MAY ALTER, DISTORT, OR EVEN REMOVE YOUR OWN COPYRIGHT NOTICE YOU MAY HAVE INCLUDED IN YOUR USER SUBMISSION; YOU EXPLICITLY AGREE TO ALLOW USERS TO MAKE THESE POSSIBLE MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR COPYRIGHT NOTICE. FURTHERMORE, YOU EXPLICITLY AGREE TO ALLOW IMIKIMI TO MAKE ANY MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR USER SUBMISSION, INCLUDING BUT NOT LIMITED TO PLACING IMIKIMI'S LOGO, TRADEMARK, AND/OR ANY OTHER MEANS OF IDENTIFYING IMIKIMI ON YOUR USER SUBMISSION. THESE MODIFICATIONS AND/OR CUSTOMIZATIONS BY IMIKIMI MAY ALSO ALTER, DISTORT, OR EVEN REMOVE YOUR OWN COPYRIGHT NOTICE YOU MAY HAVE INCLUDED IN YOUR USER SUBMISSION; YOU EXPLICITLY AGREE TO ALLOW IMIKIMI TO MAKE THESE POSSIBLE MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR COPYRIGHT NOTICE. IMIKIMI MAY NOW OR IN THE FUTURE FIND OTHER APPLICATIONS FOR YOUR USER SUBMISSIONS; YOU AGREE TO ALLOW IMIKIMI TO USE YOUR SUBMISSIONS FOR ALL OTHER COMMERCIAL PURPOSES.
IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT:
- SUBMIT MATERIAL 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 IMIKIMI ALL OF THE LICENSE RIGHTS GRANTED HEREIN;
- PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE IMIKIMI OR ANY THIRD PARTY;
- SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE;
- POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; OR
- IMPERSONATE ANOTHER PERSON.
Imikimi does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Imikimi expressly disclaims any and all liability in connection with User Submissions. Imikimi does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Imikimi will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Imikimi reserves the right to remove Content and User Submissions without prior notice at the sole discretion of Imikimi.
Imikimi reserves the right to also terminate a User's access to its Website, if they are determined to be a repeat offender at the sole discretion of Imikimi. A User may be considered a repeat offender after infringing activity has been reported or observed more than twice and/or has had a User Submission removed from the Website more than twice. Imikimi also reserves the right to determine whether or not it will terminate a repeat offender's access to its Website.
Imikimi also reserves the right to decide at Imikimi's sole discretion whether Content, User Submission, and/or a User's use of the Website is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Imikimi may remove such User Submissions and/or Content. In addition, Imikimi may terminate a User's access for inappropriate use of its Website and/or uploading any such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Furthermore, Imikimi may demand that a User cease and desist from continuing to use any Content that may have been created using Imikimi's Website. In addition, Imikimi may demand that a User remove or destroy any Content that a User may have used, copied, downloaded, printed, taken screen shots or, saved, or distributed in any format.
Copyright Act In particular, if you are a copyright owner or an agent
thereof and believe that any User Submission or other content infringes
upon 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 physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
Imikimi's designated Copyright Agent to receive notifications of claimed infringement is: Kent Davis 1900 Glen Garry Glens, Lakewood, CO 80215, . For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- You understand that when using the Imikimi Website, you will be exposed to User Submissions from a variety of sources, and that Imikimi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Imikimi with respect thereto, and agree to indemnify and hold Imikimi, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
you to link to Content on the Website for personal, non-commercial purposes.
Linking to Content includes embedding a Uniform Resource Locator ("URL")
associated with Content into personal, non-commercial websites, emails,
or other locations as provided through Imikimi's embedding functionality.
Imikimi does not grant you permission to download, print, take screen
shots, save, copy, or distribute Content on or from the Website.
Imikimi reserves the right to discontinue any aspect of the Imikimi Website or remove any content at any time for any reason without prior notice.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IMIKIMI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMIKIMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IMIKIMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMIKIMI WEBSITE. IMIKIMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IMIKIMI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMIKIMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL IMIKIMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMIKIMI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IMIKIMI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Imikimi from its facilities in the United States of America. Imikimi makes no representations that the Imikimi Website is appropriate or available for use in other locations. Those who access or use the Imikimi Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Imikimi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Imikimi Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Imikimi Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. For users not of a sufficient legal age to contract or otherwise unable to enter a contract, your legal parent or guardian must agree to the Terms of Service and the Privacy Notice and properly supervise your use. In any case, you affirm that you are over the age of 13, as the Imikimi Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Imikimi Website--there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Imikimi without restriction.
You agree that: (i) the Imikimi Website shall be deemed solely based in Colorado; and (ii) the Imikimi Website shall be deemed a passive website that does not give rise to personal jurisdiction over Imikimi, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Imikimi that arises in whole or in part from the Imikimi Website shall be decided exclusively by a court of competent jurisdiction located in Jefferson County, Colorado. These Terms of Service, together with the Privacy Notice at http://imikimi.com/main/privacy_policy and any other legal notices published by Imikimi on the Website, shall constitute the entire agreement between you and Imikimi concerning the Imikimi Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Imikimi's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Imikimi reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Imikimi Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IMIKIMI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IMIKIMI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.