Last updated: December 1, 2018
Thanks for using our products and services (“Services”). The Services are provided by Imagent LLC (its subsidiary and affiliate corporations, successors, and assigns collectively referred to as “Imagent”), at our address 718 Thompson Lane, Suite 108-118, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
YOU MAY NOT USE ANY IMAGENT WEBSITE AND/OR SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IMAGENT WEBSITE AND/OR SERVICES MAY BE TERMINATED IMMEDIATELY IN IMAGENT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
The information presented on this Website should not be construed as professional advice, consultation or service. Do not transmit any confidential information over the Website until you have formally engaged Imagent to perform services on your behalf.
1. Use of Website Content
C. Imagent encourages you to carefully choose the information you submit, post, or provide to others using the Website or Website features (e.g., comments, blogs, video chat sessions, etc.). Any conversations or information you have or share with others using features that are available on the Website and any User Submissions (defined below) may be accessible and viewable by all other users or by other registered members of the Website. Imagent does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Website, such as the video chat feature or the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.
D. Imagent reserves the right to remove, edit or reject any User Submissions (defined below) at any time, in its sole discretion. Furthermore, Imagent may restrict, suspend or terminate any user’s access to all or any part of the Website or its features at any time, for any or no reason, with our without notice and with no liability to Imagent whatsoever.
2. Website Access
B. In order to access features of the Website, you will have to create a registered member account and access our Website through a third party platform that requires you to have a login name and password (e.g, Facebook). Imagent does not store or have access to your password. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify Imagent immediately of any breach of security or unauthorized use of your account by contacting us at support at Imagent.com.
C. You agree that you will not use the Website and the services and features offered through the Website (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without Imagent’s prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, Imagent reserves the right to restrict, in its sole discretion, communications which a user may send through the Website.
Imagent prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“Spam”). You may not use any Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Imagent’s Services or customers.
In addition, email sent, or caused to be sent, to or through the Services may not:
- Use or contain invalid or forged headers;
- Use or contain invalid or non-existent domain names;
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- Use other means of deceptive addressing;
- Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
- Contain false or misleading information in the subject line or otherwise contain false or misleading content;
- Fail to comply with additional technical standards described below; or
Imagent does not authorize the harvesting, mining or collection of email addresses or other information from or through the Services. Imagent
Imagent does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other party’s use and enjoyment of any Service.
If Imagent believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Imagent may immediately terminate any account on any Service, which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of Imagent’s rights. Unauthorized use of the Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
- Intellectual Property Rights
The content on the Website, except all User Submissions (“Website Content”) is owned by or licensed to Imagent, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest in the Website Content, trademarks or service marks contained on this Website. Website Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. Imagent reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or User Submissions or enforce limitations on use of the Website or the Website Content and User Submissions.
- User Submissions
You acknowledge and agree that Imagent shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website and you hereby waive any claims against Imagent for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Imagent’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Website any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Imagent does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Imagent reserves the right to refuse to post and the right to remove any information posted on the Website, in whole or in part, for any reason or for no reason.
- Notices of Infringement and Takedown by Imagent
Imagent prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Imagent at the address shown below and provide a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Imagent will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Imagent’s contact for submission of notices under this Section 5 is: Imagent LLC, 4636 Lebanon Pike #152, Hermitage TN 37076.
- Third-Party Websites
Any links provided on this Website to third party external websites are for general informational purposes only and Imagent does not adopt or endorse any third party statements contained or presented on such websites. Further, the following web link activities are explicitly prohibited by Imagent and may present trademark and copyright infringement issues:
- Links that involve unauthorized use of Imagent’s logo or any trademarks, service marks, taglines, or other copyrighted material;
- Framing, inline links or metatags; and
- A hyperlink or another form of link that disguises the URL and bypasses the homepage.
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT IMAGENT IS NOT ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMAGENT AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE WEBSITE CONTENT. IMAGENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER IMAGENT NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
- Limitation of Liability
Imagent will not be liable for any damages of any kind, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, even if advised of the possibility of such damages, arising from the use of this website or third party external websites. Specifically, and without limiting the generality of the foregoing, neither we, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website shall be liable, under any circumstances, for any damages, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, including, but not limited to damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this website, resulting from acts including but not limited to acts of God, network failure, hardware or software failure, theft, unauthorized access, Imagent’s negligence or your own errors and/or omissions, and any other cause, even if Imagent has been advised of the possibility of such damages. You agree that this section applies to all content, goods and services available through this website. In any jurisdiction where exclusion or limitation of liability for any type of damage is prohibited, Imagent’s liability is limited to the maximum extent allowed by that jurisdiction.
If you are under 13 years of age, then please do not use the Website and exit now.
You agree to indemnify Imagent from any damages, losses, costs, or expenses that it may incur as a result of your use of the Website or your use of the content, goods and/or services available through the Website.
- Governing Law; Venue & Jurisdiction
Claims relating to the Website, to the use of this Website, and to the information content, material, goods and services available through the Website are governed by the laws of the United States and of the State of Tennessee, without reference to their rules regarding conflicts of law. You unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state or federal courts in Nashville, Tennessee for all disputes and any litigation concerning the Website and your use of the Website.
- Integration Clause