- “website” collectively refers to im’s websites and webpages, including, but not limited to, www.imageme.miami, operated by im and all content (as defined below) and functionality available through these websites and webpages;
- “content” is used herein to refer to all content on the website, including, without limitation, data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials and their selection and arrangement;
- “services” is used herein to refer to the website and all im products, software, and services provided on or through the website; and
- “user”, “you”, and “your” each includes any party visiting or viewing the website or the content, sending or supplying information to the website or im, or uploading, publishing, or displaying information on or through the website.
- your use of our services
Your use of any content or the services is entirely at your own risk, which im shall not be liable. It shall be your own responsibility to ensure that any products, services, content, or information available through the website meet your specific requirements.
- Links to other websites
Our services and/or the content may contain links to third party websites, resources, or services that are not owned or controlled by im. Im has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. Im does not warrant the offerings or availability of any of these entities/individuals or their respective websites.
You acknowledge and agree that im 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 through any such third party websites or services. Im does not endorse
We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services that you may visit.
You may not create a link to the website from another website or document without im’s prior written consent.
- Access to certain services
In order to access certain services, you may be required to provide personal information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to im will always be correct and current. You agree not to register for any user account or use the services on behalf of any party other than yourself, unless you have the legal authority to act as an agent on behalf of another individual or entity.
The services may allow users to connect with each other and communicate using a messaging service and/or public forums. Please note: information you publish on the services may be available to be viewed by other users. You should not post confidential information without appropriate approvals, and you should never post information that is subject to hipaa or other laws or regulations.
You acknowledge you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services. You agree that you will be solely responsible to im for all activities that occur under your account. You agree to immediately notify im of any unauthorized use of your password or account.
Im may charge for certain products and services. Im shall provide you notice prior to the application of such fees or any fee increases.
- Changes in services; denial of access
The form and nature of the services which im provides may change from time to time without prior notice to you.
Im may stop providing the services (or any features within the services) to you or to users generally, including by denying access to your account, at im’s sole discretion, without prior notice.
If im disables access to your account, you may be prevented from accessing your account details or any files or other content which is contained in your account or accessible through your account. Im, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service.
- Content in the services
You understand that all content is the proprietary property of im, its users, or its licensors, with all rights reserved. You understand that content presented to you as part of the services, including, but not limited to, content submitted by third parties and advertisers, as well as user-posted content, may be protected by intellectual property rights owned by im, third-party individuals, or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan, or trade any content, in whole or in part, without written permission from im or the rightful intellectual property owner, except that the foregoing shall not apply to your content that you legally post on the website. Subject to your compliance with these terms, you may access and use the website and the content and download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Im reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any service, and, in its sole discretion, restrict suspend, or terminate your access and use of the services, the website, and/or the content at any time without notice.
- Proprietary rights
You acknowledge and agree that im, or its licensors, own all legal right, title, and interest in and to the services, including the content and any intellectual property rights which subsist in the services, whether registered or not. You acknowledge that the services may contain information which is designated confidential by im and that you shall not disclose such information without im’s prior written consent. Nothing in these terms gives you a right to use any of im’s tradenames, trademarks, service marks, logos, domain names, or other distinctive brand features. If you have been granted an explicit right to use im’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the services. You agree that in using the services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Content license from user
You retain copyright and any other rights you already hold in any content which you submit, post, or display on or through the services. By submitting, posting, or displaying the content you give im a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display, and distribute any content which you submit, post, or display on or through the services. You agree that this license includes a right for im to transfer, sublicense, or otherwise make such content available to other companies, organizations, or individuals with whom im has relationships. You understand that im, in performing the required technical steps to provide the services to its users, may: (i) transmit or distribute your content over various public networks and in various media; and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit im to take these actions. You confirm and warrant to im that you have all the rights, power, and authority necessary to grant the above license.
- Website or software updates
The website or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance, and further develop the services and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You agree to receive such updates and permit im to deliver them to you as part of your use of the services.
- No data rights
Im expressly disclaims any liability for lost or deleted website content or user content. You shall not rely on im for preservation of any website content or user content, and you shall maintain all user content in a separate manner. All website content and user content is posted on a shared server. Given the inherent risk of the internet, you acknowledge that there is no assurance that the website content or user content will be kept confidential and there is no assurance that the website content will not be lost or deleted.
The services provided by im may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be prompted by access to content, queries made through the services or other information. The manner, mode, and extent of advertising on the services are subject to change without specific notice to you. In consideration for im granting you access to and use of the services, you agree that im may place such advertising on the services. In addition, you acknowledge that display of an advertisement or promotion on the services does not reflect approval or endorsement of the advertiser of any of its products or services by im.
- Changes to these terms
Im may make changes to these terms from time to time. When these changes are made, any new terms will be made available to you from within, or through, the services. You understand and agree that if you use the services after the date as of which the terms have changed, im will treat your use as acceptance of the updated terms. If the changes to these terms materially modify our rights, we will notify you to obtain your consent either through an email or a prominent posting on this website.
Please review im’s disclaimer, which is incorporated into these terms by reference. By accessing the website and the other services, you acknowledge and agree that you have read and agree to im’s disclaimer.
- Governing law
These terms and any action arising hereunder or from the breach of any provision hereof or otherwise from your access to or use of the website or content shall be governed by and construed in accordance with the laws of the state of florida, usa, without giving effect to its conflict of law principles. You agree that the state and federal courts located in miami-dade county, florida, usa, shall have exclusive jurisdiction in any dispute or litigation between you and im. In any such dispute or litigation, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and court costs, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.
- No waiver; severability; merger
For questions regarding terms, please send an e-mail to info [at] imageme [dot] miami or contact us at the following address:
Attn: privacy and data protection department
166 alhambra circle, ste. 200
Coral gables, fl 33134