Vimagi | terms

The Vimagi.com website ("Website") is a hosted service operated by Vimagi.com ("Vimagi"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Vimagi's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.

Your Vimagi.com Account and Site

If you create an account on the Website, you are responsible for maintaining the security of your account and profile page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Vimagi may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Vimagi liability. You must immediately notify Vimagi of any unauthorized uses of your account or any other breaches of security. Vimagi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Vimagi may from time to time set storage limits for your account, or take any other measures Vimagi considers appropriate to manage the Website. Vimagi will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the page you see when you log in to your Vimagi.com account or via the "Vimagi Blog" accessible at Vimagi.com. If you exceed the storage limits, Vimagi may require you to reduce the storage you are using. Vimagi may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, Vimagi may post blog entries about its policy changes, and you may wish to check your Vimagi's blog about any such changes.

Eligibility

You may only create an account on the Website if you are 13 or older. If you create an account, you are required to provide your real birth date when registering and/or updating your profile. If you are under 18, you must receive permission from your parents or legal guardians before using the Website. You must not represent your iden

Website Access

Vimagi grants you permission to use the Website in accordance with these Terms of Service provided that (i) you only use the Website for personal, non-commercial use, (ii) you will not use Vimagi for any illegal or unauthorized purposes, (iii) you will not copy or redistribute the Website's content without Vimagi's prior written approval (iv) you will not modify or alter any portion of the Website in a manner that doesn't reasonably comply with its intended use. By using Vimagi, you agree that you will not use automated systems such as "robots" or "spiders" to harvest data from the Website or extract personal information about Vimagi's users. Public search engines may index the Website's content but may not cache this content.

Responsibility of Contributors

If you have a Vimagi profile, post material to the Website, post links on the Website to material on, or otherwise make material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or media files. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content does not misrepresent your identity or the identity of Vimagi's users, employees, or third parties
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not obscene, pornographic, libelous, profane, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and

By submitting Content to Vimagi for inclusion on your Website, you grant Vimagi a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Vimagi will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Vimagi has the right (though not the obligation) to, in Vimagi's sole discretion (i) refuse or remove any content that, in Vimagi's reasonable opinion, violates any Vimagi policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Vimagi's sole discretion. Vimagi will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Vimagi has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Vimagi does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from any harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Vimagi disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

Vimagi has not reviewed, and cannot review, all of the material made available through the websites and webpages to which Vimagi.com links, and that link to Vimagi.com. Vimagi does not have any control over those non-Vimagi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Vimagi website or webpage, Vimagi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Vimagi disclaims any responsibility for any harm resulting from your use of non-Vimagi websites and webpages.

As Vimagi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Vimagi.com violates your copyright, you are encouraged to notify Vimagi using the form on the report abuse page. Vimagi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Vimagi or others, Vimagi may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Vimagi will have no obligation to provide a refund of any amounts previously paid to Vimagi.

Trademarks

Vimagi, Vimagi.com, the Vimagi.com logo, and all other trademarks, service marks, graphics and logos used in connection with Vimagi.com, or the Website are trademarks or registered trademarks of Vimagi or Vimag's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vimagi or third-party trademarks.

Changes

The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Vimagi and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

Limitation of Warranties

Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and Vimagi, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Vimagi, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of Liability

Except as otherwise expressly stated, in no event will Vimagi, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Vimagi, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Vimagi, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Vimagi during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section represents a reasonable allocation of risk.

General Representation and Warranty

You represent and warrant that your use of the Website will be in accordance with the Vimagi Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless Vimagi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Miscellaneous

These Terms and Conditions constitute the entire agreement between Vimagi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vimagi, or by the posting by Vimagi of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Massachussetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachussetts. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Vimagi may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.