Terms of Service ("Terms")
Last updated: 24th of May 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.imigee.com website and the Imigee mobile application (the "Service") operated by us.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You must be at least 13 years old to use Imigee mobile application and service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Imigee Service and Features.
Imigee is a mobile application which enables and automated sharing of the content based on time and location, using user device location, contacts and photos. If you decide you no longer want to use Imigee Service you can uninstall application from your device. You may also ask to be forgotten by contacting Imigee at questions@imigee.io.
Privacy
Your privacy is important to us. Please read the Privacy Policy http://www.imigee.com/privacypolicy as it describes the types of data we collect from you and your devices and how we use your Data.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your account
To use Imigee mobile application and Service, you are required to obtain an account with Imigee , by sending Imigee service an SMS from your mobile phone using phone number as ID.
When registering with Imigee you must: (i) provide true, accurate, current and complete information as requested and (ii) maintain required information to keep it true, accurate, current and complete.
You are responsible for all activities that take place with your account. Imigee will not be liable for any loss or damage arising from any unauthorized uses or failing to follow Terms of your account.
Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Imigee software that is part of the service, as authorized in these Terms. We may make software updates to the service available to you, which you must install to continue using the service. Any such software updates may be subject to additional terms made known to you at that time.
Service limitations and modifications
Imigee team will make reasonable efforts to keep the service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Imigee can not be held responsible or liable on any results of service interruptions.
Imigee team and/or the owners of any content may, from time to time, remove any such content without notice to the extent permitted by applicable law.
Links To Other Services or Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Imigee team. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.
Imigee team has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Imigee team 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, goods or services available on or through any such websites or services.
User Content and Responsibilities
You are solely responsible for all content you share to or use with Imigee, as well you are responsible of anyone using your account. The content you share or use with Imigee must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Imigee discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that Imigee will not contain any content that is prohibited by such rules.
You agree not to share, upload to, transmit, distribute, store, create or otherwise publish through Imigee any of the following (i) Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law; (ii) Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or (iii) Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on Imigee.
You further agree that you are solely responsible for your conduct with respect to Imigee, and you agree that you will not do any of the following in connection with Imigee: (i) Use Imigee for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or policies; (ii) Modify, adapt or hack Imigee mobile application or service; and (iii) Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect Imigee mobile application or service and privacy of Imigee users;.
Imigee team takes no responsibility and assumes no liability for any user conduct or for any user content shared, posted or uploaded on (or otherwise made available via) Imigee, nor is Imigee Team liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using Imigee. Your use of Imigee is at your own risk.
Although Imigee does not control and has no obligation to screen, edit or monitor any of the content shared, posted or uploaded on (or otherwise made available via) Imigee, Imigee Team reserves the right, and has absolute discretion, to remove, screen or edit any user content shared, posted or uploaded on Imigee at any time and for any reason without notice. Any use of Imigee in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use Imigee.
You retain ownership of the user content you share, post or upload on (or otherwise make available via) Imigee unless otherwise agreed. However, if you share, post or upload user content on (or otherwise make available via) Imigee, you grant Imigee Team a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable to operate Imigee. You represent and warrant that: (i) you own and control all of the rights to the content that you share, post or upload on (or otherwise make available via) Imigee or you otherwise have the right to make available such user content via Imigee and grant the rights granted in the Terms; and (ii) Imigee Team use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Intellectual Property Infringement
We respect the intellectual property rights of others and require you to do the same. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of infringers.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Warranty
THE SOFTWARE AND SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Binding Individual Arbitration
Imigee user and Imigee agree to arbitrate any and all Disputes by a neutral arbitrator. YOU AND IMIGEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Imigee agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Limitation of Liability
In no event will Imigee team (or any of its agents, affiliates, licensors or suppliers) be liable for any indirect, punitive, incidental, special, or consequential damages, or cost of procurement of substitute goods, services or technology, arising out of or in any way connected with the use of the services or anything provided in connection with this agreement, the delay or inability to use the services or anything provided in connection with this agreement or otherwise arising from this agreement, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, whether based in contract, tort (including negligence), strict liability, or otherwise, even if Imigee team has been advised of the possibility of damages.
Indemnity
User will indemnify, defend, and hold Imigee and our processors (and our respective employees, officers, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (ii) any actual or alleged breach of content, representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Imigee mobile application or service; (ii your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iii) your violation of any law, rule or regulation of the United States or any other country; and (iv) any other party’s access and/or use of the service with your unique ID, password or other appropriate security code.
Assignment
You may not assign the Terms or any part of, nor transfer or sub-license your rights under the Terms, to any third party.
Contact Us
If you have any questions about these Terms, please contact us questions@imigee.io.