TERM OF USE
All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, "Content") used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of Imju, or used under license or otherwise and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcast, distributed, reproduced or transmitted without our prior written consent in each instance.
The Site and all content on the Site is intended solely for informational, non-commercial purposes. You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement, on the Site, by Imju (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law. If permission is granted by us and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. Access to and use of the Site does not confer any ownership interest in the Site and/or any Content or other materials contained therein. Use of the Site or any Content or other materials on the Site in any commercial or for-profit manner is expressly prohibited. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
We specifically prohibit, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by us or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our infrastructure; use of any data mining, robots, spiders, scraping or other similar means or methods for purposes of data gathering or extraction (including, but not limited to, manual process to monitor or copy our Site pages or Content contained herein without our express written permission in each instance); use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of or any activities conducted on our Site; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You further agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site.
REGISTRATION INFORMATION / OBLIGATIONS
To use and/or access certain resources available through the Site, you may be required to register by completing a registration form and designating a username, password and/or other registration information ("Registration Data"). During registration, you agree to: (a) provide true, accurate, current and complete Registration Data about yourself as prompted by the registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Registering with the Site will signify your agreement that all Registration Data provided is complete, accurate and up-to-date and acknowledgement that you are responsible for updating your Registration Data as necessary. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not authorize any third party to use your Registration Data. You may not sublicense, transfer, sell or assign your Registration Data and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be void ab initio and a material breach of this Agreement.
We may provide interactive activities on the Site such as product or blog comment posting areas or bulletin boards (also known as message boards), collectively identified as "interactive areas," for the enjoyment of our visitors. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Imju or others.
Content posted by users ("user content") may not be reviewed by Imju. Nonetheless, we reserve the right to change, delete, or remove, in part or in full, any postings in interactive areas, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, Imju shall have the right to remove any user content it has reason to believe may infringe the rights of a third party. We reserve the right, in our sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit our response to a future occurrence. You acknowledge and agree that we shall not assume or have any liability for any action or inaction on our part with respect to any user posting. Users shall remain solely responsible for user postings and any material or, if applicable, information transmitted to other users or interaction with other users.
Imju, its affiliates, subsidiaries, and its and their officers, directors, employees and agents that conduct, operate and/or manage the Site's interactive areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or user content posted, uploaded or transmitted in interactive areas. You must be thirteen (13) years of age or older to participate in the Site's interactive areas. Imju will not accept information or registrations from or knowingly allow participation in its interactive areas by persons under thirteen (13) years of age. For increased security, we encourage you to not include any personal information about yourself or others in interactive areas, such as name, phone number or street or email address. We reserve the right, at any time, in our sole and absolute discretion and for any reason or no reason, to delete any user content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.
We do not solicit nor do we wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or our mail and email addresses, or in any other way. Please note that any information, comments, suggestions, ideas concepts, data, files, programs, footage, photographs or other materials (collectively, the "Unsolicited Materials") sent to us or posted on the Site (e.g., user content) will be deemed non-confidential. By submitting, transmitting, posting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. You further represent and warrant the you have secured, prior to submitting, sending or posting a Submission, any and all consents and/or releases (e.g., individuals) necessary for Imju to exploit such Submission(s). Accordingly, any Unsolicited Material will become and remain our property.
USER'S GRANT OF A LIMITED LICENSE
By communicating with us, including submitting, sending or posting Unsolicited Materials, user content or other information or material to the Site and/or directly to us (collectively, "Submissions"), you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Submissions (in whole or part) and otherwise exploit the Submissions, including any information, suggestions, ideas or concepts contained in such Submissions, and/or to incorporate the Submissions in other works, in any form, media, or technology now known or later developed, throughout the world, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Submissions. You represent and warrant that by submitting, sending or posting the Submissions you agree to waive any "moral rights" you may have in the Submissions.
For the avoidance of doubt, you also irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit all Submissions including, but not limited to, your image, photo, likeness, voice and performance, in whole or in part, if applicable, and any other materials or information you post on the Site or submit to us in and in connection with any and all publicity and advertising for and promotion of us and the Site, and in connection with our exercise of any other rights granted hereunder as we determine in our sole discretion without notice, compensation or other consideration. You hereby release us from and against any and all claims, damages or liabilities arising from or relating to the use of such Submissions, image, photo, likeness, voice and performance as set forth in this Agreement.
YOUR ACTIONS AS A REGISTRANT
We do our best to encourage comfort and discourage disruptive communications. We encourage your participation in upholding our standards and the policies contained in this Agreement. You are responsible for all content that you post, email, transmit, upload or otherwise make available through our Site. We reserve the right to terminate your access to and use of the Site, if, in our view, your conduct fails to meet any of its guidelines.
You agree not to use the Site to:
- upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any law enforcement officer, or any Imju official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Site;
- upload, post, email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement);
- upload, post, email or otherwise transmit any Submission that infringes, contributes to the infringement of, or induces others to infringe, any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email or otherwise transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user's data against the will of the user;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware, Content or other materials on the Site, the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- or collect or store personal data about other users.
You acknowledge that Imju and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Content or Submission that is available via the Site. Without limiting the foregoing, Imju and anyone it designates shall have the right to remove any Submission that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Submission, including any reliance on the accuracy, completeness, or usefulness of the same. In this regard, you acknowledge that you may not rely on any Content or Submission (i) created by Imju or on this Site, or (ii) submitted to Imju or this Site.
You acknowledge and agree that Imju and this Site may preserve any Submission and may also disclose any Submission if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms of service; (iii) respond to claims that any Content or Submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Imju and this Site, its users and the public.
We strive to make our interactive areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our interactive areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the interactive areas that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the Site, in our sole discretion, in addition to any other remedies. As stated above, we may also post additional guidelines and/or code of conduct for certain interactive areas and any such additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and this Agreement, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable user content or have any questions about the code of conduct, please contact us.
THIRD PARTY SITES
The Site may contain links to websites and resources on the Internet that are unrelated to us and which are owned and operated by third parties (the "third-party sites"). Imju does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that Imju sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.
RESTRICTIONS ON USE OF MATERIAL
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - (in each instance) may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site
CORRECTION OF ERRORS AND INACCURACIES
This Site may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT
Imju respects the intellectual property of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may be infringing the intellectual property rights of Imju and/or others; however, we have no responsibility for content on other websites that you may find or access when through the Site. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that we remove or block access to the infringing material. Your notice to us must be in writing and include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of each copyrighted work(s) or other intellectual property that you claim has been infringed upon;
- A description of where the allegedly infringing material is located on the Site, with sufficient detail to enable us to locate such material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- Information, if possible, sufficient to enable Imju to contact the owner/administrator of the allegedly infringing webpage or other content (e.g., an address, telephone number, and email address); and
- A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent as follows:
By mail :
Pias Intercosmex (U.S.A.) Corporation
420 Lexington Avenue New York, NY 10170
By fax :
By email :
email@example.com (Please include "Notice of Infringement" in the subject line.)
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
If you are seeking permission to use Imju's trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs or other brand features, please contact Imju Corporation, not our Agent.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
Without limiting anything set out elsewhere in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time for any reason or no reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA (e.g., Submissions) STORED ON THE SITE MAY NOT BE RETRIEVED.
Your use and browsing of, and any reliance by you upon, this Site is at your own risk. If you are dissatisfied with the Site or any Content or other materials, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR OTHER MATERIALS ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT AND/OR OTHER MATERIALS SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, IMJU DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, ANY INFORMATION ON THE SITE AND ALL EMAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "RELATED PARTIES") ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the foregoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You specifically acknowledge and agree that neither Imju nor its Related Parties are liable for any defamatory, offensive or illegal conduct of any user. In addition, while Imju intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, it does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders, Trojan horses, cancelbots or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site. We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION TO THE SITE OR THE SERVICES TRANSMITTING THE SITE AND/OR CONTENT TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
Without limiting any other provision contained in this Agreement, you hereby agree to indemnify, defend and hold harmless, Imju, its affiliates, subsidiaries, and its and their respective members, officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, (iii) activity that occurs under your account; (iv) your infringement or violation of any laws, rules or regulations applicable to the website; and/or (v) your breach or alleged breach of the terms of this Agreement. Imju reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by Imju in the defense of any claim. In any event, you shall not settle any matter without Imju's written consent.
GOVERNING LAW AND LIMITATION OF ACTIONS
The terms of this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
This Agreement sets forth the entire agreement between the parties relating to the subject matter herein. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by Imju, in its sole discretion, to a third party in the event of a merger or acquisition. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
For more information on our Customer Service Policies email us at firstname.lastname@example.org or contact us by postal mail at:
Pias Intercosmex (U.S.A.) Corporation
420 Lexington Avenue
New York, NY 10170
Last updated as of April 16,2015