Terms

This Terms of Service is an agreement between you and Iimagine (“Iimagine”), the owner and operator of http://iimagine.org (“Website”) and the Iimagine Application ("Application").

You understand and agree that our Application has a separate End User License Agreement (“EULA”) that you agree to by downloading, installing, and using our Application. Our Application links to the Amazon Web Services, LLC (“Amazon”) S3 Cloud Backup Service (“Amazon Cloud”). Amazon has its own license for use of Amazon Cloud, to which you must also agree in order to use our Application. We refer to the collective use of our Application in conjunction with the Amazon Cloud as our “Service”. We refer to our Terms of Service, Privacy Policy, Security Policy, Pricing Policy, EULA, and any other guidelines started on our Website collectively as our “Legal Terms”, to which you agree to be bound when using our Website, Service, or Application.

Our Service provides you with the ability to backup and share files on your computer(s) (collectively, “Your Files”) using our Application in conjunction with the Amazon Cloud.

Acceptance of Agreement

Our Legal Terms are an agreement between you and Iimagine and are governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act). OUR LEGAL TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE, SERVICE, AND APPLICATION CONSTITUTES ACCEPTANCE OF OUR LEGAL TERMS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. Our Legal Terms constitute the entire and only Agreement between you and Iimagine, and supersede all other Agreements, representations, warranties and understandings with respect to our Website, Service, and Application. We may amend our Legal Terms at any time without specific notice to you. Our Legal Terms will be posted on our Website and/or Application, and you should review our Legal Terms prior to using our Website, Service, or Application. After any revisions to our Legal Terms are posted, you agree to be bound to any changes to our Legal Terms. Therefore, it is important for you to check our Legal Terms periodically to make sure you still agree. Please read our Legal Terms carefully. If you do not accept our Legal Terms, do not access and use our Website, Service, or Application.

Limited License

Iimagine grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Service, and Application strictly in accordance with our Legal Terms. Your use of our Website, Service, and Application are solely for the purposes as provided in our Legal Terms. In return for the license granted, you agree to be fully bound by the terms of our Legal Terms. No print out or electronic version of any part of our Website or Application may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Service, and Application.

Our Relationship to You

Iimagine’s relationship to you is at all times that of an independent contractor. Our Legal Terms in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Iimagine.

Creating Your Account

To setup your account, you must be at least 18 years of age, able to enter into binding contracts, and able to provide necessary account information to us. Before we can establish your account, we must receive the necessary account information from you and you must make payment to Amazon. It is sole your responsibility to provide us with an active email address. If there are issues with your account, we will always contact you at this ancillary email address. It is your sole responsibility to make sure you maintain and monitor this email address. Iimagine reserves the right to immediately terminate your account if you provide false contact information of any kind. If you need assistance in verifying or changing such information, you can contact a Iimagine support representative. You will also have to register with Amazon before you can download and start using the Application and thereby our Service. You will need to provide payment information to Amazon as they handle all billing and related issues for Iimagine with regards to the Service.

Your Files

Your Files are considered to be solely yours, subject to the intellectual property claims of other parties. You are solely responsible for Your Files. Iimagine does not claim any ownership rights in Your Files. You acknowledge that Iimagine does not have any obligation to monitor Your Files for accuracy, completeness, appropriateness, or legality. We are not responsible for the content of your files, including any file corruption or file security, including encryption and passwords.

Account Security

You are responsible for safeguarding the password that you use to access our Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Iimagine of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of Your Files from the Application to the Amazon Cloud, it is your responsibility to use the secure encrypted connection option provided with our Application.

Consent to Access Your Account/Files

By using our Service, you consent to allow Iimagine and Amazon to access your account and Your Files only as necessary to provide you our Service as well as to insure your compliance with all of our legal documents as found on our Website and within the Application.

Intellectual Property Infringement

Iimagine fully supports and follows the Digital Milennia Copyright Act, the Lanham Act, and other intellectual property laws of the United States of America. As such, you are prohibted from using our Application to infringe upon the intellectual property rights of others, including, but not limited to, unauthorized copying of copyrighted works. All such actions are grounds for the immediate termination of your account. Iimagine reserves the right to remove or disable access to infringing material without to you. If you are found, at our sole discretion, to be a repeated violator of intellectual laws, you will be presumed to be willful infringer and your account will be immediately terminated. If you believe you are the victim of copyright violation by a party using our Application, please contact Iimagine immediately. You must provide notice to us in a form that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you do not provide the requisite notice as required above, we are required by law to honor your request.

Our Service and Application

Our Service and Application are provided only for our authorized customers. Iimagine may monitor your account for all lawful purposes, including to ensure that use is authorized, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our Service and Application constitutes consent to monitoring for these purposes. Iimagine reserves the right to require changes or disable as necessary any account that does not comply with its established policies or requests from Amazon. We may, at our sole discretion, make any such modifications in an emergency at its sole discretion. Furthermore, you agree not to do any of the following while using our Service or Application: - Access or otherwise tamper with Iimagine’s computer systems or those of Amazon, or the technical delivery systems of Iimagine, Amazon, or other providers that Iimagine may use; - Attempt to probe, scan, or test the vulnerability of Iimagine, our Website, our Application, or the Amazon Cloud; - Attempt to decipher, decompile, disassemble or reverse engineer our Application; - Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements using our Website as a relay; - Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Application to send altered, deceptive or false source-identifying information; - Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, uploading a virus or malware to our Website or through our Application to the Amazon Cloud; overloading, flooding, spamming, or mail-bombing our Website; or otherwise attempt to disrupt the Amazon Cloud, Iimagine’s systems, or those systems of Iimagine’s providers; or - Impersonate or misrepresent your affiliation with any person or entity. Iimagine will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues with our Website, Service, and Application, to the fullest extent of the law. Iimagine may involve and cooperate with law enforcement authorities in prosecuting users who violate our Legal Terms. You acknowledge that Iimagine has no obligation to monitor our Application, but has the right to do so for the purpose of operating our Application, to ensure all users comply with this and our other legal agreements, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Payment

You agree to make payment for our Service when due. You agree that we will bill you for our Service on a recurring basis and unless you notify us of your desire to cancel/modify your account, you will continue to be billed for our Service, even if your account is suspended. As an Iimagine customer, it is your responsibility to ensure that your payment information with us is up to date, and that fees are paid on time. If you fail to pay any amount due to Amazon within thirty (30) days of its due date, Amazon may suspend your account and may assess late fees. If your failure to pay any amount due becomes severely past due, as solely determined by us, we may terminate your account and Your Files would not be accessible until such time as any delinquent amounts were paid in full. Our acceptance of partial payment does not relieve you of the duty to pay the remaining balance.

No Refunds or Charge-backs

You agree that Iimagine offers no refunds for the Service and that all payments are final. Furthermore, you shall not institute any form or charge-back for any fees paid, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your account, your obligation to pay an administrative cost recovery fee of $100.00 to Iimagine for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Service.

Subdomains

If you select an account name that is the same as a public person, organization or trademarked word or phrase but you are not the owner of that name we reserve the right to terminate your use of that name. However, we will allow you to select a new name for your existing account and you will not be required to terminate your account.

Collection Fees

You agree that should we have to institute collection proceedings to recover past due amounts under our Legal Terms, you will pay for the costs of such collection including reasonable attorneys fees.

Cancellation/ Suspension/ Termination of Your Account

You may only cancel your account by completing the appropriate paper or online form as found on our Website (link). Your cancellation shall be immediate, if filed online. If filed by paper, such cancellation is not effective until three (3) business days after we have received a properly completed cancellation form. You shall remain responsible for payment of any amounts you owe for our Service until this time. Iimagine reserves the right to suspend access to your account or terminate your account, at our sole discretion and at any time with or without notice to you, should you violate the terms of our Legal Terms. If your account is suspended by Iimagine, you will not be able to access your account or Your Files until the suspension is lifted. You shall still remain responsible for payment of any amounts you owe for our Service while your account is suspended. If your account is terminated, you will not be able to access your account as well as any of Your Files on the Amazon Cloud. You shall still remain responsible for payment of any amounts you owe and you shall be responsible for fees up until the date your account is officially terminated by Iimagine.

Backups and Data Loss

While Amazon does back up its servers as part of its routine maintenance, neither Amazon or Iimagine is responsible for loss of Your Files. You should always maintain your own personal backup of Your Files.

Disk Space

You are allocated diskspace on an as-needed basis based upon the size of Your Files. You agree that you will pay Amazon according to the total file size of all of Your Files as stored on the Amazon Cloud.

Warranty Disclaimer

OUR WEBSITE, SERVICE, AND APPLICATION, ALONG WITH THE AMAZON CLOUD AND ANY SOFTWARE OR SERVICES FROM THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED AS IS, AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). Iimagine MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO AMAZON, OR THE QUALITY OR RELIABILITY OF OUR SERVICE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL Iimagine, AMAZON, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO OUR LEGAL TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANY OTHER PROVISION OF OUR LEGAL TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO OUR APPLICATION PROVIDED UNDER OUR LEGAL TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED $100.  SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold Iimagine, Amazon, and their collective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of our Service; (ii) your violation of our Legal Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe upon the rights of others.

Modification and Waiver

Iimagine will not be considered to have modified or waived any of our rights or remedies under our Legal Terms unless the modification or waiver is in writing and signed by an authorized representative of Iimagine. No delay or omission by Iimagine in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

Severability

If any part of our Legal Terms is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your account) under our Legal Terms to anyone and any attempt to do so will be null and void Iimagine may assign our Legal Terms in its sole discretion.

Force Majeure

Neither of the parties to our Legal Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Choice of Law

Any dispute regarding our Legal Terms shall by governed by law of the State of Nevada in the United States of America, except its conflict of law principles. You agree to submit to the personal jurisdiction of the courts in the State of Nevada in the United States.

Arbitration

By using our Service, you agree to submit to binding arbitration. If any disputes or claims arise against Iimagine or its subsidiaries, such disputes will be handled by an arbitrator of Iimagine's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of Nevada and such arbitration will occur in Los Vegas, Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. Any dispute arising from Services must be brought within one (1) year of the event giving rise to dispute or such dispute is considered null and void.

Entire Agreement

Our Legal Terms represent the sole agreement between Iimagine and you regarding our Website, Service, and Application and they supersede and replaces any prior agreements between Iimagine and you regarding our Website, Service, and Application, other than as specified herein.