Terms of Use


Effective Date: June 1, 2015.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

INTRODUCTION

Welcome! These Terms are legally binding between you and I’M Incorporated, LLC (“I’M” “we” or “us”) and govern your use of any online service location (e.g., website or mobile app), such as http://im.com, that posts a link to these Terms (“Site/App”) (including both mobile and online versions). They also apply to your use of all databases, features, widgets, plug-ins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site/App, and/or (ii) that post or link to these Terms (collectively, with the Site/App, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. By using the Service, you agree to these Terms and the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. If you do not agree to these Terms, you must not use the Service.

In some instances, both these Terms and separate guidelines, rules, or terms of service setting forth additional or different terms and/or conditions, will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms ”). For example, our Video Policy, Consent and Terms apply to our video offerings on the Service, and are incorporated herein. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Quick Links

It is important to read the full Terms, but to aid with small screens we have included a brief summary of each section. Click on the links below for the full explanation. The complete provisions, and not the headings or summaries govern

  1. Service Content, Ownership, Limited License, and Rights of Others

    We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. More

  2. Content You Submit

    You grant us a broad license, which we may sublicense, to the content you submit, which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. More

  3. Service and Content Use Restrictions

    Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part. More

  4. Anonymous Service

    You do not need to register or create an account name to use the Service, but we require your location information. You agree to specific rules regarding content removal and unauthorized activities on the Service. More

  5. Procedure For Alleging Copyright Infringement

    Users may not post content they do not own or control, and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement as detailed in this section, and we will respond in accordance with applicable law. More

  6. Notices, Questions and Customer Service

    Click here to contact us for customer service or questions. You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the email you provided. More

  7. Links By You to the Service

    You may link to our Service, subject to some basic requirements. More

  8. Third-Party Sites; Advertisements; Dealings With Third Parties

    We are not responsible for third parties or their content, advertisement(s), apps or sites. This may include the ability to post content on third party sites and services using their plug-ins made available on our Service. Use caution when dealing with third parties. More

  9. Wireless and Location-Based Features

    Wireless carrier charges may apply to use of the Service via wireless networks for which you will be responsible. If you have enabled GPS, geo-location or other location-based features on the Site/App, your Device location will be tracked and may be shared with others. More

  10. Dispute Resolution

    To the extent permitted by applicable laws, you agree to arbitrate disputes and waive jury trial and class actions. More

  11. Disclaimer of Representations and Warranties

    We disclaim most warranties and provide the Service “As Is”. More

  12. Limitations of Our Liability

    Our liability is greatly limited as more fully explained in this section. More

  13. Waiver of Injunctive or Other Equitable Relief

    You waive equitable or injunctive relief. More

  14. Updates to Terms

    These Terms and applicable Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. More

  15. General Provisions

    You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) the law that governs these Terms; (c) your indemnity of us; (d) accessing the Service from outside of the United States; (e) restriction on the Service for those countries subject to U.S. export controls; (f) enforcement and interpretation of these Terms; (g) communications with us; (h) investigations, cooperation with law enforcement, termination and survival; (i) limit on assignment and delegation of rights and obligations; (j) how waivers may be made; (k) your responsibility for your connectivity and access; and (l) California consumers rights and notices. More

  16. Terms Applicable for Apple iOS

    There are some other things you should know if you are accessing or using the Service through an Apple operating system. More

Full Details of Terms of Service

1. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS.

  1. Content. The Service contains a variety of: (i) materials and other items relating to I’M and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of I’M (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
  2. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by I’M and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of I’M or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. I’M owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
  3. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, I’M grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download and copy (temporary storage only of web site and a single Device download and storage of the mobile app), display, view, use, play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and/or print one copy of the Content (excluding source and object code in raw form or otherwise ) as it is displayed to you, in each case for your personal, non-commercial use only; and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of your User-Generated Content (defined below) (“I’M Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the I’M Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such I’M Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in I’M’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or I’M Licensed Elements, subject to certain Additional Terms.
  4. Rights of Others. In using the Service, you must respect the intellectual property and other rights of I’M and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. I’M respects the intellectual property rights of others. If you discover any User-Generated Content that violates these Terms or any Additional Terms, then you may remove that User-Generated Content from the Service subject to the terms in Section 4 and report it us at info@im.com. For alleged infringements of intellectual property rights, see Section 6.
  5. Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by I’M and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
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2. CONTENT YOU SUBMIT

  1. User-Generated Content.
    • (i) General. I’M offers users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, and on third party platforms, (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, and other information or materials and the ideas contained therein (collectively, but excluding I’M Licensed Elements included therein, “User-Generated Content”). I’M may allow you to do this through the Site/App, bulletin boards, forums, blogs, social networking environments, content creation tools, social communities, contact us tools, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
    • (ii) Non-Confidentiality of Your User-Generated Content. You agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, I’M does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon I’M’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.

      In your communications with I’M, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User-Generated Content and licensed to us as set forth below. In addition, I’M retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. I’M’s receipt of your Unsolicited Ideas and Materials is not an admission by I’M of their novelty, priority, or originality, and it does not impair I’M’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
    • (iii) License to I’M of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you hereby grant to I’M, and you agree to grant to I’M, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to I’M to your User-Generated Content, you also hereby grant to I’M, and agree to grant to I’M, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).
    • (iv) I’M’s Exclusive Right to Manage Our Service. I’M may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and I’M may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. We reserve the right to retain your User-Generated Content, even after it has expired from view within the Site/App or even after you or other users have removed it subject to the terms in Section 4. However, you agree that we have no obligation to retain any User-Generated Content for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of User-Generated Content.
    • (v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant I’M the rights to it that you are granting by these Terms and any Additional Terms, all without any I’M obligation to obtain consent of any third party and without creating any obligation or liability of I’M; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to I’M’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
    • (vi) Enforcement. I’M has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at I’M’s cost and expense, to which you hereby consent and irrevocably appoint I’M as your attorney-in-fact, with the power of substitution and delegation. You acknowledge that this power of attorney is coupled with an interest, in that I’M has an interest in protecting and enforcing its rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf, and that as a result, in addition to any other consequences under law, this power is irrevocable and will survive your death or incompetence.
  2. Appropriate Content and Alerting Us of Violations. We expect User-Generated Content to be appropriate for a general audience, but do not undertake to monitor it and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any User-Generated Content that violates these Terms or any Additional Terms, then you may remove that User-Generated Content from the Service subject to the terms in Section 4 and report it to us at info@im.com. For alleged infringements of intellectual property rights, see Section 6.

    Parents may want to consider commercially available parental control protections to limit what minors can access online and in apps and/or monitor their minor children’s online and app activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
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3. SERVICE AND CONTENT USE RESTRICTIONS

  1. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to harm or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to I’M; (iv) to the maximum extent not prohibited by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, I’M, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
  2. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such Content (other than to the extent of your permitted use of the I’M Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of I’M or, in the case of Content from a licensor, the owner of the Content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
  3. Availability of Service and Content. I’M may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in I’M’s sole discretion, and without advance notice or liability.
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4. SERVICE FEATURES

  1. In General. The Service may allow you to remove your own User-Generated Content and the User-Generated Content of other users from public display on the Service. Even if you remove User-Generated Content, I’M may retain and use that User-Generated Content pursuant to Section 2 and as provided for in our Privacy Policy.

    You may remove your own User-Generated Content at any time and for any reason. However, you may only remove another user’s User-Generated Content if that user’s User-Generated Content violates these Terms or any Additional Terms, or infringes on intellectual property rights. Each time you remove another user’s User-Generated Content, you represent and warrant that you are doing so solely on the basis that the User-Generated Content violates these Terms or any Additional Terms, or infringes on intellectual property rights. I’M disclaims all liability relating to your removals and will immediately suspend or terminate the availability of the Service to you if your removal of User-Generated Content becomes abusive, at I’M’s discretion.
  2. User-Generated Content Removal. The Service may allow you to remove your own User-Generated Content and the User-Generated Content of other users from public display on the Service. Even if you remove User-Generated Content, I’M may retain and use that User-Generated Content pursuant to Section 2 and as provided for in our Privacy Policy.

    You may remove your own User-Generated Content at any time and for any reason. However, you may only remove another user’s User-Generated Content if that user’s User-Generated Content violates these Terms or any Additional Terms, or infringes on intellectual property rights. Each time you remove another user’s User-Generated Content, you represent and warrant that you are doing so solely on the basis that the User-Generated Content violates these Terms or any Additional Terms, or infringes on intellectual property rights. I’M disclaims all liability relating to your removals and will immediately suspend or terminate the availability of the Service to you if your removal of User-Generated Content becomes abusive, at I’M’s discretion.
  3. Unauthorized Activities. When using the Service, you agree not to:

    • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Use racially or ethnically offensive language.
    • Discuss or incite illegal activity.
    • Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.
    • Post any copyrighted or trademarked materials without the express permission from the owner.
    • Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of such solicitation.
    • Use any robot, spider, scraper or other automated means to access the Services.
    • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
    • Alter the opinions or comments posted by others on the Services.
    • Remove another user’s User-Generated Content unless that User-Generated Content violates these Terms or any Additional Terms, or infringes on intellectual property rights.
    This list of prohibitions provides examples and is not complete or exclusive. I’M reserves the right to: (a) terminate your ability to use, access, post to, or remove User-Generated Content from the Service; and (b) refuse, delete or remove any User-Generated Content; with or without cause and with or without notice, for any reason or no reason, or for any action that I’M determines is inappropriate or disruptive to the Service or to any other user of the Service.

    You are solely responsible for all activities that occur on your Device when accessing the Service, including your User-Generated Content – whether or not you authorized the activity. You are solely responsible for restricting access to your Device so that others may not access the Service through the Device. You will immediately notify us of any unauthorized use of your Device when accessing the Service or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. I’M may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at I’M’s discretion, I’M will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
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5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

  1. DMCA Notice. I’M asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In I’M’s sole discretion, I’M may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, I’M has adopted a policy of terminating, in appropriate circumstances and at I’M’s sole discretion, users who are deemed to be repeat infringers.

  2. If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

    1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
    2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
    4. your full name, address, telephone number, and email address;
    5. a statement by you 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;
    6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
    7. your electronic or physical signature.

    I’M will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

    250 Veronica Lane, Suite 206
    Jackson, WY 83002

    E-Mail: info@im.com

    Fax: 307-734-9800

    It is often difficult to determine if your copyright has been infringed. I’M may elect not to respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and I’M may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

    Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

    We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

    Without limiting I’M’s other rights, I’M may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website or application owned or operated by I’M.

  3. Counter-Notification. If access on the Service to a work that you submitted to I’M is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

    1. a legend or subject line that says: “DMCA Counter-Notification”;
    2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (where possible, please include the URL of the Service from which the material was removed or access to it disabled);
    3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. your full name, address, telephone number, and email address;
    5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of California and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
    6. (vi) your electronic or physical signature.

    Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

    If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

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6. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or email sent to any address provided by you. All legal notices to us must be sent to: I’M, 250 Veronica Lane, Suite 206, Jackson, WY 83001, (Attention: Legal Counsel). If you have a question regarding the Service, you may contact I’M Customer Support by sending an email to info@im.com or calling us at (949) 535-1055. You acknowledge that the provision of support is at I’M’s sole discretion and that we have no obligation to provide you with customer support of any kind. We may provide you with support from time to time, at our sole discretion.

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7. LINKS BY YOU TO THE SERVICE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with I’M or cause any other confusion, and (c) the links and the content on your website do not portray I’M or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to I’M. I’M reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

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8. THIRD-PARTY SITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

  1. Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by I’M (collectively, “Third-Party Sites”), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with I’M. We may also host our content, apps and tools on Third-Party Sites. I’M may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and I’M does not assume any obligation to review any Third-Party Sites. I’M does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, I’M is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, I’M will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. I’M disclaims all liability in connection therewith.
  2. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). I’M disclaims all liability in connection therewith.
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9. WIRELESS AND LOCATION-BASED FEATURES

  1. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
  2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications via such features or apps to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify I’M of any changes to your wireless contact information (including phone number).
  3. Location-Based Features. If you have enabled GPS, geo-location or other location-based features on the Site/App and/or related feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based / geo-location services are used at your own risk and location data may not be accurate.
  4. Device Access and Settings. By using the Service, you agree that I’M may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. For instance, our Site/App may access, use and read settings, data and/or content on your Device, and/or add content to your Device, and change settings of your Device, for reasons such as saving Site/App images, sound files and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Site/App operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the Site/App or otherwise using the Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Site/App by uninstalling the Site/App.
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10. DISPUTE RESOLUTION

Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and I’M agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.

  1. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of I’M’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10.A. Your notice to us must be sent to: I’M, 250 Veronica Lane, Suite 206, Jackson, WY 83001 (Attention: Legal Counsel). For a period of sixty (60) days from the date of receipt of notice from the other party, I’M and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or I’M to resolve the Dispute or Excluded Dispute on terms with respect to which you and I’M, in each of our sole discretion, are not comfortable.
  2. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 10.A (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND I’M (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICE. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between I’M and you regarding these Terms (and any Additional Terms) and the Service. I’M and you agree, however, that the State of California or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and I’M regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the State of California’s choice of law principles that might apply other states’ laws.

    Disputes will be resolved solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of I’M consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require I’M to pay a greater portion or all of such fees and costs in order for this Section 10 to be enforceable, then I’M will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service.
  3. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
  4. Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by I’M to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site/App, any Content, and/or I’M’s intellectual property rights (including such I’M may claim that may be in dispute), I’M’s operations, and/or I’M’s products or services.
  5. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND I’M 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 PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10.F. Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of this Section 10.E, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
  6. Federal and State Courts in Jackson, Wyoming. Except to the extent that arbitration is required in Section 10.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or Federal court in Jackson, Wyoming. Accordingly, you and I’M consent to the exclusive personal jurisdiction and venue of such courts for such matters.
  7. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claims or Disputes (but not Excluded Disputes) in small claims court, subject to Section 10.F.
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11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, I’M Incorporated, LLC, and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “I’M Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  1. the Service (including the Content and the User-Generated Content);
  2. the functions, features, or any other elements on, or made accessible through, the Service;
  3. any products, services, or instructions offered or referenced at or linked through the Service;
  4. security associated with the transmission of your User-Generated Content transmitted to I’M or via the Service;
  5. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
  6. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
  7. whether any defects to or errors on the Service will be repaired or corrected;
  8. whether your access to the Service will be uninterrupted;
  9. whether the Service will be available at any particular time or location;
  10. whether your use of the Service is lawful in any particular jurisdiction; and
  11. the removal of any content on the Service by I’M or users.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A I’M PARTY, I’M PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.

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12. LIMITATIONS OF OUR LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY I’M PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, that are directly or indirectly related to:

  1. the Service (including the Content and the User-Generated Content);
  2. your use of or inability to use the Service, or the performance of the Service;
  3. any action taken in connection with an investigation by I’M Parties or law enforcement authorities regarding your access to or use of the Service;
  4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
  5. the removal of any content on the Service by I’M or users;
  6. any errors or omissions in the Service’s technical operation; or
  7. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if I’M Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL I’M PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID I’M IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

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13. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY I’M (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF I’M.

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14. UPDATES TO TERMS

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Site/App, the home page and any email I’M has provided for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Service and related services.

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15. GENERAL PROVISIONS

  1. I’M’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants I’M a right of consent or approval, or permits I’M to exercise a right in its “sole discretion,” I’M may exercise that right in its sole and absolute discretion. No I’M consent or approval may be deemed to have been granted by I’M without being in writing and signed by an officer of I’M.
  2. Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
  3. Indemnity. You shall defend, indemnify, and hold I’M Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any I’M Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) I’M Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by I’M Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, I’M Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. I’M Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an I’M Party.
  4. Operation of Service; Availability of Products and Services; International Issues. I’M controls and operates the Service from the U.S.A., and I’M makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
  5. Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, as set forth in subsections (i) – (iii) above.
  6. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
  7. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  8. Investigations; Cooperation with Law Enforcement; Termination; Survival. I’M reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use or disclose any information obtained by I’M in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to I’M under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from I’M, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, will survive, including the rights and licenses you grant to I’M in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
  9. Assignment. I’M may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of I’M.
  10. Complete agreement; no waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or I’M in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
  11. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet, mobile, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
  12. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
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16. TERMS APPLICABLE FOR APPLE IOS

If you are accessing or using the Service through an Apple Device, the following applicable Additional Terms and conditions are applicable to you and are incorporated into the Terms by this reference:

  1. To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and I’M and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
  2. The license granted to you in Section 1 of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
  3. You acknowledge that I’M, and not Apple, is responsible for providing the Service and Content thereof.
  4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
  5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
  6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and I’M, I’M, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  9. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
  10. Your use of location data on the Service is at your sole risk. Location data may not be accurate.
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Privacy Policy


Effective Date: June 1, 2015.

INTRODUCTION

Welcome! This Privacy Policy describes how I’M Incorporated, LLC (“I’M” “we” or “us”) collects, uses, and shares information about you and applies to your use of any online service location (e.g., website or mobile app), such as http://im.com, that posts a link to this Privacy Policy (“Site/App”) (including both mobile and online versions). It also applies to your use of all databases, features, widgets, plug-ins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site/App, and/or (ii) that post or link to this Privacy Policy (collectively, with the Site/App, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. It does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below or at the time of collection).

By using our Service, you agree to our Terms of Use and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy, our Video Policy Consent and Terms and any additional privacy statements that may be posted on an applicable part of our Service

    1. COLLECTION OF INFORMATION

    1. Information You Provide to Us

      We collect information you provide directly to us via the Service. or example, we collect information when you use our Service; post, visit, comment on, or remove videos on our Service; or otherwise communicate with us through the Service.

      We may collect minimal amounts of personally identifiable information, which is information that identifies you personally, such as your email address, (“Personal Information”).

    2. Information We Collect Automatically

      We and our service providers may automatically collect certain information about you when you access or use our Service (“Usage Information”). Usage Information may include demographic information; IP address; Ad ID; browser type; operating system characteristics; carrier name; information about your use of our Service; location information such as mobile country code, mobile network code and GPS coordinates (see also the section on location-identifying technologies below); API command data; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers (including but not limited to the User-Agent string), type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. Usage Information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Service.

      The Site/App will assign you a PosterId, which is a random identifier for your device, which will persist in the local storage of the Site/App on your device.

      Except to the extent required by applicable law, we do not consider Usage Information (e.g., device identifiers) or your assigned PosterID to be Personal Information. However, Usage Information or your PosterID may be combined with your Personal Information. To the extent we associate any Usage Information or your PosterID with Personal Information about you, we will treat the combined information as Personal Information.

      Tracking Technologies:

      The methods that we and our service providers may use to collect Usage Information include:

      • Log Information: We collect information about your use of our Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files. We use this information to administer the Service, to track users’ movements around the Service and to gather demographic information about our user base as a whole, and to improve the content of our Service and the quality of our Service.
      • Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as "tracking pixels") and other tracking technologies now and hereafter developed (“Tracking Technologies”) to collect information about you when you interact with our Service or emails, including information about your browsing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our Service and your experience, understanding which areas and features of our Service are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for internal business purposes.
        • Cookies

          Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences or web pages visited while using our Service. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with our websites. For more information about disabling flash cookies, see http://www.adobe.com/products/flashplayer/security." Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service. In addition, please be aware that if you choose to block cookies, some advertising preferences that are dependent on cookies may not be able to be respected.

        • Web Beacons

          We may include small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many emails that we sent were actually opened or how many particular links were actually viewed.

        • Embedded Scripts

          An embedded script is programming code that is designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and is deleted or deactivated thereafter.

        • Location-identifying Technologies

          The Service relies upon GPS (global positioning systems) software and other location-based technologies to locate you so we may verify your location, manage your access and others’ access to content on the Service based on your location, and deliver relevant content to you based on your location. The Site/App is designed to allow you to connect with other users based on your location (instead of your name), so these technologies are critical to the functioning of the Service.

        Except to the extent prohibited by applicable law, we and our business partners and other third parties may send you product promotions that are aligned with your interests identified through automatically-collected information.
    3. Information We Collect From Our Partners and Other Sources

      We may also obtain information about you from other sources and combine that with information we collect about you. If we receive Personal Information from a third party source and/or if we combine the information we receive from these third party sources with your Personal Information, we will treat that information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use and share such information.

    2. USE OF INFORMATION

    We may use information about you for various purposes, including to:

    • Determine your location and manage the service, including your access to certain content and your ability to connect with others, based on your location;
    • Facilitate and improve your experience;
    • Respond to your comments, questions and requests and provide customer service;
    • Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see the Your Choices section below);
    • Manage your User Content (defined below) and your ability to use, access, post to, or remove User Content;
    • Send you technical notices, updates, security alerts and support and administrative messages;
    • Improve our Service or other I’M products and services;
    • Personalize your experience and provide advertisements, content or features that match your interests;
    • Monitor and analyze trends, usage and activities;
    • Process and deliver sweepstakes, contest, and promotion entries and rewards;
    • Link or combine with information we get from others to help understand your needs and provide you with better service;
    • Contact you regarding your use of our Service and, in our discretion, changes to our policies;
    • Provide you with notices related to our Service and other I’M products and services;
    • Conduct research and analysis, including surveys;
    • Prevent fraudulent transactions and monitor against threats;
    • Carry out any other purpose disclosed elsewhere in this Privacy Policy, or at the time you provide your information; and
    • Any other purpose to the extent not prohibited by applicable law or inconsistent with this Privacy Policy, unless you otherwise consent.

    3. SHARING OF INFORMATION

    Our agents, vendors, consultants and other service providers (“Vendors”) may receive, or be given access to your information, including without limitation Personal Information and Usage Information, we have received or collected via the Service to carry out work on our behalf. These Vendors are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate or de-identified data for other purposes.

    In addition, we may share information about you as follows:

    • To the maximum extent permitted by applicable law, i) in response to subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; or (ii) at the request of governmental authorities conducting an investigation;
    • To defend the Terms of Use or other policies applicable to our Service;
    • If we believe your actions are inconsistent with our Terms of Use, user agreements or policies, or to protect the rights, property, life, health, security and safety of us, the Service or any third party;
    • To the maximum extent not prohibited by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you;
    • With our affiliates for internal business purposes;
    • In connection with, or during negotiations of, any proposed or actual merger, change of control, purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, amalgamation or any other type of acquisition of all or any portion of I’M assets, financing, and/or disposal, conveyance or transfer of all or a portion of our business to another company;
    • Pursuant to our disclosure practices and activities as described in our Video Policy Consent and Terms;
    • For a purpose disclosed elsewhere in this Privacy Policy, or at the time your applicable information is collected; and/or
    • With your consent or at your direction.

    Without limiting the generality of the forgoing, in our sole discretion, we may share aggregated or de-identified information you with third parties or affiliates for any purpose.

    4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

    We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration or for you to submit Personal Information. These Promotions are strictly voluntary. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfilment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

    We may offer opportunities to enter a Promotion, or access features, that we offer for or jointly with a third party. As a result of your participation in such feature, your information may be shared with one or more third parties associated therewith, which will be disclosed at the time your Personal Information is collected for such purpose directly via our Service. You may have the opportunity to register for products and/or services, communicate with such third parties or download their content or applications, and if you do so, you may be providing your information to us and/or the third party(ies). We are not responsible for such third parties’ data collection or practices and you should look to such third party privacy policies for more information.

    5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

    The Service is designed to permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Any User Content you post on the Service will be accessible by the general public, including, but not limited to, other users of the Service, Internet search engines and indexing services. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that that we may not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service. We are not responsible for User Content you submit to third party services via our Service. California minors should see Section 10 regarding potential removal of certain content they have posted.

    6. THIRD PARTIES WEBSITES, SOCIAL FEATURES, AND VIDEO CONTENT

    There are hyperlinks on our Service to other websites, locations, platforms, or services that are operated and controlled by third parties ("Third Party Service(s)"). These Third Party Services may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third Party Services may solicit Personal Information from you.

    Certain functionality on the Service is specifically designed to permit interactions that you initiate between the Service and certain Third Party Services, including without limitation third party social networks (“Social Features”). Examples of Social Features include enabling you to transmit content, including contacts and photos, to the Service from your account on a Third Party Service; to “like” or “share” our content to other websites or services; and to otherwise connect our Service to a Third Party Service. If you choose to use Social Features, and potentially other Third Party Service, information you post or provide access to may be publicly displayed on our Service or by the provider of the Third Party Service that you use. Similarly, if you post information on a Third Party Service that references our Service (e.g., by using a hashtag associated with I’M in a tweet or status update), your post may be published or displayed on or in connection with our Service. Also, both I’M and the third party may have access to certain information about you and your use of our Service and the Third Party Service. In addition, we may receive information about you if other users of a Third Party Service give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections’” web pages, profile pages, or other Social Features. The Personal Information we directly collect or receive from Third Party Services is subject to this Privacy Policy, including without limitation the provisions limiting our obligations regarding information made publically available by you and others.

    Additionally, in order to access or use certain functionality on the Service, we may need to transmit or display to others your information, including Personal Information (as it may be defined under applicable law) along with information pertaining to your viewing habits of video content. If you use this functionality, you consent to our doing so, including our use, disclosure, and other activities as described in our Video Policy Consent and Terms.

    The information collected and stored by third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those Third Party Websites. We make no representations regarding the policies or business practices of any third parties or Third Party Service and encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information.

    7. ADVERTISING & ANALYTICS SERVICES AND ONLINE TRACKING

    1. In General.

      We may engage third parties to serve advertisements on our behalf on the Service and/or on Third Party Services and to provide analytics services about the use of our Service and the performance of our ads and content on Third Party Services.

      In addition, we may participate in online advertising networks and exchanges that display relevant advertisements to our Service visitors, on and off of our Service, based on their interests as reflected in their browsing of the Service and certain Third Party Services. These entities may use cookies, web beacons, pixels, embedded scripts, and other Tracking Technologies to automatically collect information about you and your activities, such as your IP address, device identifier, Ad ID, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Service and Third Party Services and better understand your activity.

      This means that some information about your browsing of the Service and certain Third Party Services may be collected (including across time and services) and shared with third parties for the purpose of delivering ads and/or other content to you on the Service and certain Third Party Services, and I’M may receive from some of these parties information about Third Party Services that you have visited. This information may be used for marketing purposes and the practice is sometimes termed “targeting,” "retargeting," “interest-based advertising,” and “online behavioral advertising.”

      We may also work with third parties to serve ads to you as part of a customized campaign on Third Party Services, such as sending ads on Facebook to Facebook users that are also our users.

      The statements of our practices in this Privacy Policy does not cover any use of information that such third parties themselves may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons, clear gifs and other Tracking Technologies). Consult their privacy policies and notice for information regarding their practices.

      Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.

    2. Your Choices

      Certain advertising networks and exchanges may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based ads that links to an opt-out tool to allow you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). The NAI has developed a tool that allows consumers to opt out of certain targeted advertising delivered by NAI members' ad networks. To learn more about opting out of targeted advertising or to use the NAI tool, click here: http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of targeted advertising, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members no longer will be allowed under the DAA / NAI rules to deliver certain targeted ads to you, which will affect this and other services, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or change web browsers, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA opt-out may not, or may no longer, be effective. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based ads will do so as well, though we cannot guaranty their compliance.

      With respect to our mobile and other applications, you can prospectively stop all collection of information by the application by uninstalling the application. Also, you may opt-out from further allowing us to access your location data by adjusting the permissions in your mobile device. Please be aware that the Service will not function if you limit your location data.

    8. DATA SECURITY

    We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Although we use reasonable efforts to help protect your information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through our Service.

    9. INTERNATIONAL TRANSFER

    We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service will be transferred to, and processed, and used in the United States. The data protection laws in the U.S. may be different from those of the country in which you are located. Your use of the Service or providing us with any information therefore constitutes your consent to the transfer to and from, and processing, usage, sharing and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.

    10. CHILDREN’S PRIVACY

    Our Service is not intended for and is not targeted to children under the age of thirteen (13). If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service.

    We do not knowingly collect any personal information from children under the age of 13 and, if we learn that we have received information from a user under the age of 13, we will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at privacy@im.com.

    Any California residents under the age of eighteen (18) who use the Service, and who have posted content or information on the Service, can remove that content pursuant to Section 4 of the Terms of Use or request that such information be removed from the Service by contacting us at privacy@im.com or by sending a letter to I'M Incorporated, 250 Veronica Lane Suite 206 Jackson, WY 83001 (Attention: Legal Counsel), stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

    11. ACCESS TO AND CORRECTION OF INFORMATION

    The Service may allow you to review, correct or update Personal Information (such as your email address) you have provided through the Service, and you may provide updates and changes by contacting us at privacy@im.com. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.

    12. PROMOTIONAL COMMUNICATIONS

    You can opt out of receiving certain promotional email communications from us at any time by doing the following: Follow the instructions provided in those communications or click on the unsubscribe link in any promotional email you receive from us.

    Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions. If your opt out is limited to certain types of communications, then the opt out will be so limited.

    Even if you opt out of receiving promotional communications, we may continue to send you non-promotional communications, such as those about your use of the Service or our ongoing business relations.

    13. YOUR CALIFORNIA PRIVACY RIGHTS

    California’s “Shine the Light” law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and in some cases affiliates’ own direct marketing purposes. Under the law, a business must either provide California consumers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

    We may from time to time elect to share certain Personal Information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes.

    If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at privacy@im.com or by sending a letter to I'M Incorporated, 250 Veronica Lane, Suite 206, Jackson, WY 83001 (Attention: Legal Counsel). Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

    14. CHANGES TO THIS PRIVACY POLICY

    This Privacy Policy is current as of the effective date set forth above. We reserve the right to change this Privacy Policy at any time, including material changes. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the Privacy Policy posted at the time of use.

    15. CONTACT US

    If you have any questions about this Privacy Policy, please contact us at privacy@im.com or by sending a letter to I'M Incorporated, 250 Veronica Lane, Suite 206, Jackson, WY 83001 (Attention: Legal Counsel).





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