BY USING, VISITING, ACCESSING, BROWSING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE (collectively, including all Content available through the Imikimi.com domain name, the "Imikimi Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF IMIKIMI'S PRIVACY NOTICE (the "Privacy Notice"), WHICH IS PUBLISHED AT https://zo.imikimi.com/docs/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
IMIKIMI MAY MAKE CHANGES TO THE TERMS OF SERVICE AND THE PRIVACY NOTICE FROM TIME TO TIME. WHEN THESE CHANGES ARE MADE, IMIKIMI WILL MAKE A NEW COPY OF THE TERMS OF SERVICE AVAILABLE AT https://zo.imikimi.com/docs/terms.html AND THE PRIVACY NOTICE AT https://zo.imikimi.com/docs/privacy.html. YOU UNDERSTAND AND AGREE THAT IF YOU USE THIS WEBSITE AFTER THE DATE ON WHICH THE TERMS OF SERVICE AND/OR THE PRIVACY NOTICE HAVE CHANGED, IMIKIMI WILL TREAT YOUR USE AS ACCEPTANCE OF THE UPDATED TERMS OF SERVICE AND THE PRIVACY NOTICE.
PLEASE READ THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE IMIKIMI WEBSITE.
The content on the Imikimi Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Imikimi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Imikimi reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, downloading, printing, taking of screen shots, saving, or distribution of any of the Content other than expressly permitted herein, including any use, copying, downloading, printing, taking of screen shots, saving, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. Imikimi grants you permission to link to Content on the Website only for personal, non-commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Imikimi Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Imikimi Website or the Content therein.
In connection with User Submissions, you affirm, represent, and/or warrant that:
FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING THE USER SUBMISSIONS TO IMIKIMI, YOU HEREBY GRANT IMIKIMI: A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, IRREVOCABLE, PERPETUAL, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE IMIKIMI WEBSITE AND IMIKIMI'S (AND ITS SUCCESSOR'S) BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE IMIKIMI WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE IMIKIMI WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE, AT PRESENT AND AS IT EVOLVES, AND UNDER THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE GIVES A USER THE RIGHT TO TAKE OTHER USER SUBMISSIONS AND USE THEM FOR PURPOSES OUTSIDE THE CONFINES OF THIS WEBSITE. THESE RIGHTS SURVIVE TERMINATION OF THIS AGREEMENT OR YOUR ACCOUNT.
IMIKIMI ENCOURAGES THE UPLOADING, CREATION, AND SHARING OF USER CREATED IMAGES AND OTHER CONTENT WITHIN THE CONFINES OF THIS WEBSITE. YOUR CONTENT PUBLISHED ON IMIKIMI CAN AND WILL BE FURTHER MODIFIED AND CUSTOMIZED BY OTHER USERS, AND YOU EXPLICITLY AGREE TO THIS. THESE MODIFICATIONS AND/OR CUSTOMIZATIONS BY OTHER USERS MAY ALTER, DISTORT, OR EVEN REMOVE YOUR OWN COPYRIGHT NOTICE YOU MAY HAVE INCLUDED IN YOUR USER SUBMISSION; YOU EXPLICITLY AGREE TO ALLOW USERS TO MAKE THESE POSSIBLE MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR COPYRIGHT NOTICE. FURTHERMORE, YOU EXPLICITLY AGREE TO ALLOW IMIKIMI TO MAKE ANY MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR USER SUBMISSION, INCLUDING BUT NOT LIMITED TO PLACING IMIKIMI'S LOGO, TRADEMARK, AND/OR ANY OTHER MEANS OF IDENTIFYING IMIKIMI ON YOUR USER SUBMISSION. THESE MODIFICATIONS AND/OR CUSTOMIZATIONS BY IMIKIMI MAY ALSO ALTER, DISTORT, OR EVEN REMOVE YOUR OWN COPYRIGHT NOTICE YOU MAY HAVE INCLUDED IN YOUR USER SUBMISSION; YOU EXPLICITLY AGREE TO ALLOW IMIKIMI TO MAKE THESE POSSIBLE MODIFICATIONS AND/OR CUSTOMIZATIONS TO YOUR COPYRIGHT NOTICE. IMIKIMI MAY NOW OR IN THE FUTURE FIND OTHER APPLICATIONS FOR YOUR USER SUBMISSIONS; YOU AGREE TO ALLOW IMIKIMI TO USE YOUR SUBMISSIONS FOR ALL OTHER COMMERCIAL PURPOSES.
Imikimi does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Imikimi expressly disclaims any and all liability in connection with User Submissions. Imikimi does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Imikimi will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Imikimi reserves the right to remove Content and User Submissions without prior notice at the sole discretion of Imikimi.
Imikimi reserves the right to also terminate a User's access to its Website, if they are determined to be a repeat offender at the sole discretion of Imikimi. A User may be considered a repeat offender after infringing activity has been reported or observed more than twice and/or has had a User Submission removed from the Website more than twice. Imikimi also reserves the right to determine whether or not it will terminate a repeat offender's access to its Website.
Imikimi also reserves the right to decide at Imikimi's sole discretion whether Content, User Submission, and/or a User's use of the Website is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Imikimi may remove such User Submissions and/or Content. In addition, Imikimi may terminate a User's access for inappropriate use of its Website and/or uploading any such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Furthermore, Imikimi may demand that a User cease and desist from continuing to use any Content that may have been created using Imikimi's Website. In addition, Imikimi may demand that a User remove or destroy any Content that a User may have used, copied, downloaded, printed, taken screen shots or, saved, or distributed in any format.
Imikimi's designated Copyright Agent to receive notifications of claimed infringement is: Imikimi, LLC., Attn: Copyright Agent, 1900 Glen Garry Glens, Lakewood, CO 80215, firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Imikimi reserves the right to discontinue any aspect of the Imikimi Website or remove any content at any time for any reason without prior notice.
YOU AGREE THAT YOUR USE OF THE IMIKIMI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMIKIMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IMIKIMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMIKIMI WEBSITE. IMIKIMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IMIKIMI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMIKIMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL IMIKIMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMIKIMI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IMIKIMI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Imikimi from its facilities in the United States of America. Imikimi makes no representations that the Imikimi Website is appropriate or available for use in other locations. Those who access or use the Imikimi Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Imikimi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Imikimi Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Imikimi Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. For users not of a sufficient legal age to contract or otherwise unable to enter a contract, your legal parent or guardian must agree to the Terms of Service and the Privacy Notice and properly supervise your use. In any case, you affirm that you are over the age of 13, as the Imikimi Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Imikimi Website--there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Imikimi without restriction.
You agree that: (i) the Imikimi Website shall be deemed solely based in Colorado; and (ii) the Imikimi Website shall be deemed a passive website that does not give rise to personal jurisdiction over Imikimi, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Imikimi that arises in whole or in part from the Imikimi Website shall be decided exclusively by a court of competent jurisdiction located in Jefferson County, Colorado. These Terms of Service, together with the Privacy Notice at https://zo.imikimi.com/docs/privacy.html and any other legal notices published by Imikimi on the Website, shall constitute the entire agreement between you and Imikimi concerning the Imikimi Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Imikimi's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Imikimi reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Imikimi Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IMIKIMI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IMIKIMI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.