Terms & Conditions

APPLICATION OF TERMS

These terms apply to your use of the website. By accessing and using the website:

  • you agree to these terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these terms on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is bound by these terms.

If you do not agree to these terms, you are not authorised to access and use the website, and you must immediately stop doing so.

Changes to Terms and Conditions

We reserve the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions and is effective immediately when we post it. We encourage you to periodically review the Terms to stay informed of our updates.

We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services.

YOUR ACCOUNTS

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must protect it, keep it secret, and not disclose it to any other person. But remember, your account is just for you and you should not provide any other person with access to the Services or any part of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Also, after using our Services, you must exit from your account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

If you create an account for the Services, then you agree to the following:

  • To provide complete and accurate information to create your account and to keep your account information up-to-date.
  • To choose a user name and password for your account.  You understand that it is your responsibility to choose a user name and password and to maintain the confidentiality of these. If you share your login information with anyone it may jeopardize the security of your account.  You agree to notify Imfule if you become aware that your information or account has been used without your consent.  To do so, please contact us at [[email protected]].
  • That you may not use and we may not be able to grant you a user name that belongs to or is already being used by someone else or that is offensive in our sole discretion. 
  • Not to impersonate any other person, thing or entity through your user name.
  • Not to access anyone else’s account without that person’s permission.
  • Not to use the Services if you are less than 18 years of age.
  • That Imfule may temporarily or permanently discontinue providing the Services at any time and that as a result you may be prevented from accessing the Services, and your account.
  • To be solely responsible for all activities that occur under your account.
  • That you are solely responsible for backing up your account and all content and Customer Data stored through the Services.
  • That any hardware and software required to use the Services is your responsibility.

THIRD PARTY ACCOUNTS

You will be able to connect your Imfule account to third party accounts. By connecting your Imfule account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

CUSTOMER DATA

Information you submit to Imfule, and any data, photographs, text, graphics, video, and other materials that you submit or post through the Services or that Imfule receives from third parties for you or in connection with the Customer account (“Customer Data”) must comply with the Customer Data standards set out below in these Terms. Any Customer Data you post to the site will be considered non-confidential and non-proprietary. You represent, warrant, and covenant that: (i) you own or control all rights in and to the Customer Data and have the right to grant the license granted below to us and our licensees; and (ii) your Customer Data comply with these Terms.

You understand and acknowledge that you are responsible for any Customer Data you submit or contribute, and you, not Imfule, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Customer Data posted by you or any other user of the Services.

To operate the Services, we need to be able to do various things with your Customer Data. By providing any Customer Data on or through the Services, you grant us and our licensees the perpetual, non-exclusive, sublicensable, transferrable, worldwide, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties, commercialize and create derivative works from all Customer Data for any purpose.

We have the right to, but aren’t required to, monitor and edit or remove any Customer Data. We don’t take responsibility or assume liability for any Customer Data.

After termination or deactivation of your account, or if you remove any Customer Data from Imfule, we may keep your Customer Data for many different reasons (such as backup, archival, audit, or other purposes) or we may delete your Customer Data. Furthermore, Imfule and its users may retain and continue to use or do other things with your Customer Data like store, display, reproduce, share, re-post, modify, create derivative works, perform, and distribute any of your Customer Data.

If you provide any feedback (“Feedback”) about the Services, then you agree Imfule can use such feedback in its discretion without any obligation, attribution, or compensation to you, and you waive all rights in the Feedback.

We have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Services may include links to other websites or services, tools to allow you to import and export materials, including Customer Data, and to link your account to a third party solely as a convenience to you (“Linked Sites”).  The inclusion of any Linked Site does not imply endorsement by Imfule of any third party, third party websites or any association with the operators of such Linked Sites.  The content on the Linked Sites and the use of personal data is not under the control of Imfule. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites, and agree you will comply fully with all such third party terms.  By using any Linked Sites, you agree Imfule may transfer your data to and collect your data from the applicable third party service.

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

You must:

  • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the website or any underlying system, or otherwise attempt to damage or interfere with the website or any underlying system; and
  • unless with our agreement, access the website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
  • You must obtain our written permission to establish a link to our website. If you wish to do so, email your request to [[email protected]].

You indemnify us against all loss we suffer or incur as a direct or indirect result of your failure to comply with these terms, including any failure of a person who accesses and uses our website.

INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the underlying systems. 

DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

  • the Website being unavailable (in whole or in part) or performing slowly;
  • any error in, or omission from, any information made available through the website;
  • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
  • any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
  • We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

LIABILITY

To the maximum extent permitted by law:

  • you access and use the website at your own risk; and
  • we are not liable or responsible to you or any other person for any loss under or in connection with these terms, the website, or your access and use of (or inability to access or use) the website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.