- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to eimagine, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
- Proprietary Rights in Site Content; Limited License
All eimagine graphics. logos, designs, trademarks, service marks, service names, and trade dress are the sole property of eimagine, and may be subject to state and/or federal U.S. protection and that of other countries. eimagine’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of eimagine.
- User Conduct
You understand that the Site may not be used by you for commercial purposes. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Site to:
harvest or collect email addresses or other contact information of other users from the Service or Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos; register for a User account on behalf of an individual other than yourself, or register any group or entity unless you are expressly authorized to do so; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other illegal or unethical form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; solicit personal information from anyone under 13 or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another’s account, service or system without authorization from eimagine, or create a false identity on the Service or Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of eimagine, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose eimagine or its users to any harm or liability of any type.
- User Content Posted on the Site
You are solely responsible for the profiles, messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on the Site. You may not post, transmit, or share Content on the Site that you did not create or that you do not have permission to post. You understand and agree that eimagine may, but is not obligated to, review the Site and may delete or remove (without notice) in its sole discretion, for any reason or no reason, including Content that in the sole judgment of eimagine violates this Agreement or any other agreement that governs your use of the Site, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to the eimagine.
When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to eimagine revocable, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, and distribute such Content for the purposes of performing eimagine’s services, and the Site. You may revoke the foregoing license and remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that eimagine may retain archived copies of your Content. eimagine does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
- Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party’s intellectual property rights. When we receive written notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act. eimagine may also at its sole discretion limit access to the Site and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Site and/or through the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to:
8925 North Meridian Street
Indianapolis, IN 46260
- Third Party Websites and Content
The Site may contain, or you may receive, links to other web sites (“Third Party Sites”) as well as information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
eimagine is not responsible or liable in any manner for any Content, or Software posted on the Site. Although we provide rules for conduct and postings, we do not control and are not responsible for what others post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. eimagine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Site. eimagine is not responsible for any technical malfunction or other problems of any telephone network or the Site, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will eimagine be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Site, Service, any Content or Third Party Applications, Software or Content posted on or through the Site, and Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND EIMAGINE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EIMAGINE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. EIMAGINE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
eimagine reserves the right to change any and all content, software and other items used or contained in the Site, Directory and any Platform Applications offered by eimagine at any time without notice.
- Limitation on Liability
IN NO EVENT WILL EIMAGINE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF EIMAGINE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EIMAGINE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BUT IN NO CASE WILL EIMAGINE’S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO EIMAGINE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EIMAGINE, REGARDLESS OF THE CAUSE OF ACTION.
eimagine may terminate your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
- Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Indiana, except for its conflict of law provisions governs your visit, use and this Agreement. Each party may apply to the state courts in Indianapolis, Indiana, and to the extent that federal courts have exclusive jurisdiction, in Indianapolis, Indiana, for injunctive relief until such time as an award is rendered or the dispute is otherwise resolved, and the Parties agree that those courts and JAMS arbitration (in accordance with the “Arbitration” provision below) shall be the exclusive remedy for any such actions related to this Agreement. Both parties consent to such venue and jurisdiction. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. This Site is controlled and operated from within the United States. eimagine makes no representation that the Site is appropriate or available in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
The Parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to this Agreement or breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this section (“Dispute”). If the Dispute is not resolved through verbal and written communications, the matter will be submitted to JAMS, or its successor, for arbitration. Any Dispute submitted to arbitration shall be determined by arbitration in Indianapolis, Indiana, before a sole arbitrator, in accordance with the laws of the State of Indiana for agreements made in and to be performed in that State. The language of the arbitration shall be English. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Except with respect to a party’s indemnification obligations, the arbitrator will have no authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Judgment on the arbitration award (“Award”) may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the party that primarily prevails, against the party that did not primarily prevail.
You agree to indemnify and hold eimagine, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Content, any Third Party Applications, or Software you post or share on or through the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to eimagine are non-confidential and shall become the sole property of eimagine. eimagine shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
If you are registering on the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement. eimagine may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and eimagine are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.