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Terms of Service

By using the imajize.com web site (“Service”), a service of Imajize™ (“Imajize”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read them carefully.

Imajize reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.imajize.com/terms-of-service/.

Violation of any of the terms below will result in the termination of your Account. While Imajize prohibits such conduct and Content on the Service, you understand and agree that Imajize cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one company – a single login shared by multiple companies is not permitted. You may create separate logins for as many companies as you'd like.
  5. You are responsible for maintaining the security of your account and password. Imajize cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their Imajize account data via an API (Application Program Interface).
Any use of the API, including use of the API through a third-party product that accesses Imajize, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that Imajize shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Imajize has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to Imajize via the API may result in the temporary or permanent suspension of your account's access to the API. Imajize, in its sole discretion, will determine abuse or excessive usage of the API. Imajize will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Imajize reserves the right at any time to modify or discontinue, temporarily or
    permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading, and Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. Free accounts are not required to provide a credit card number.
  3. The Imajize Service is billed in advance on a monthly or yearly schedule, depending on which payment plan is chosen by you. All payments are nonrefundable and there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Imajize Site and payments made by you herein.
  5. If there is an unpaid balance due on your account, Imajize will bill you for the
    balance upon removing your payment details or canceling your account.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Imajize does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly discontinuing use of the Service. An email or phone request to remove your payment details from your account is not considered discontinuing use of the Service. To discontinue use of the paid Service, you can remove your payment details by clicking “Account” at the top of the global navigation bar. On the corresponding page you can click on a button called “Remove Payment Details” which will remove your payment details from the Service. In addition to this, you must remove all of the Imajize URLs from your web site. An email or phone request to remove the Imajize URLs from your site is not sufficient, because we cannot remove links you place on your site. Only when all links to this Service have been removed and your payment details have been removed, will you be considered no longer using the Imajize service. You can discontinue use of the Service at any time.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Imajize, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Imajize service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Imajize reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Imajize reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Imajize Site (imajize.com) or the Service itself.
  3. Imajize shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law. Please review our copyright policy here: http://www.imajize.com/privacy-policy/
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  3. Imajize does not pre-screen Content, but Imajize and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. When you upload or otherwise submit content to our Service, you give Imajize (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.
  5. This license continues even if you stop using our Service. Some Services may offer you ways to access and remove content that has been provided to that Service. You are fully responsible for making sure you have the necessary rights to grant us this license for any content that you submit to our Service.
  6. You agree that these Terms of Service apply to all content that you have previously submitted and, in the future, will submit.
  7. We claim no intellectual property rights over the material you provide to the Service.
  8. If you upload content to the Service that you are not the copyright holder of, then your account may be suspended or terminated and you agree to be liable for all resulting claims, damages, loss of profit, and reasonable (or ridiculous) attorney’s fees.
  9. The look and feel of the Service is copyright © Imajize. All rights reserved. You may not duplicate, copy, distribute, sell, extract, sublicense or reuse any portion of the HTML/CSS, JavaScript, CoffeeScript, software, images, concepts, visual design elements, or any copyright material without express written permission from Imajize.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Imajize uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Imajize, or any other Imajize service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Imajize.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Imajize customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam”
    messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Imajize) of other Imajize customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. Imajize does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that Imajize shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Imajize has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of Imajize to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Imajize and govern your use of the Service, superseding any prior agreements between you and Imajize (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support@imajize.com.

Confidentiality

During the course of this agreement, each party may be given access to confidential and proprietary information of the other party. Each party agrees to keep such information confidential.

Arbitration

As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.

Choice of Forum

Both parties agree to arbitrate any dispute arising out of or from the relationship of these terms of service in the County of San Luis Obispo, California.

Choice of Law

These terms of service shall be interpreted under the laws of the State of California.

Severability

If any provision of this Agreement is held illegal or unenforceable in any judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.

DISCLAIMER OF WARRANTIES; LIMITATION DAMAGES

IMAJIZE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
REGARDING IMAJIZE SERVICES. IMAJIZE AND ITS AFFILIATES SPECIFICALLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR TRADE USAGE. IMAJIZE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR CLICK FRAUD, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE EXTENT ALLOWED BY LAW, EVEN IF IMAJIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.