Terms of Service

Welcome to Imzy’s Terms of Service! Please read this carefully before using our site, services, or products. This is a contract between you, Imzy, and other users.

We tried to write this for real people to actually read, but please feel free to contact us at support@imzy.com if you have any questions or suggestions for improvement.

Imzy is a U.S. company, registered in Delaware as Saurus, Inc. (“Imzy”), and subject only to U.S. laws and jurisdiction.

Acceptance of the Terms of Service

By using Imzy’s website, products, applications, mobile applications, services, and/or Content (collectively, the “Services”) provided by Imzy, you’re agreeing to be bound by our Terms of Service (as well as all other referenced documents, collectively, the “Agreement”). Please read them.

If you don’t agree to or abide by all the terms and conditions of this Agreement, that’s a bummer, because that means you can’t use our Services.

Updates to this Agreement

We are a growing company trying to provide Services you’ll love, and as we evolve to best fit our users’ needs, we may need to make changes to these terms. Imzy reserves the right to modify this Agreement by (1) posting an updated Agreement and (2) providing notice to you via email or the Services that this Agreement has changed.

You are responsible for reviewing and becoming familiar with any updates to this Agreement, and continuing to use Imzy after notification means you agree to the updates. Changes to our Agreement become effective as of the time the updates are posted and apply to you from that time forward, but they will never be applied retroactively.

Because we want you to be as informed as possible, we will keep a public record of all versions of our Terms of Service so you can easily compare and contrast and understand exactly what’s changed. We’ll post a link here as soon as we make any updates.

About You

If you are under the age of thirteen (13), sorry, we think you’re awesome, but you may not use the Services. Do not share any personal information through the Services. If there is any other reason you cannot form a binding contract, you are also not allowed to use the Services. If you’re over thirteen (13) and able to form a binding contract, awesome! We’d love to have you join us.

Please review the rest of the content below, especially the rest of this “About You” section, as these rules govern what you can and can’t do (and some things you must do) using our Services, and you will be legally bound to them.

Your responsibilities

  1. You certify that the information you provide relating to your account is accurate, complete, and updated.
  2. You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs through your account. If you suspect your account has been compromised, email us at support@imzy.com as soon as possible so we can help rectify the situation.
  3. You are responsible for your conduct and any content shared through your account, which includes any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other any other materials (“Content”).
  4. You are responsible for your interactions with other users, both through the Services and outside of them. You agree that Imzy is not responsible or liable for the conduct of other users and has no obligation to become involved but may do so if desired.

Your agreements and acknowledgements

  1. You agree to abide by all our guidelines for behavior and content contained in our Community Policy.
  2. You may only access the Imzy API through the ways provided by Imzy and as defined in the API Terms of Service. You agree to comply with the API Terms of Service.
  3. You agree that User Content is the sole responsibility of the users who provide that Content, and Imzy is not responsible for the behavior of any users, the Content shared through the Services, or the effects of that Content. We cannot control, maintain, or endorse any third-party links. You access and use the Services and Content at your own risk.
  4. You agree that by using the Services you consent to the collection, use, and sharing of such information for purposes of operating and improving the Services. We talk a lot more about how we use your data in our Privacy Policy. You should read it, because it’s pretty good.
  5. You agree that Imzy is not responsible for, nor can we endorse, any third-party applications that you use in conjunction with our Services, and any interactions, information transfer, or anything else related to those applications.
  6. You agree to release Imzy and its employees, agents, consultants, directors, shareholders, and any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by Imzy from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown.
  7. If you are a California resident, you agree to waive California Civil Code 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  8. You agree that any claim you may have arising out of or related to this Agreement or your relationship with Imzy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  9. You understand and agree that if you violate the letter or spirit of this Agreement or otherwise create risk or possible legal exposure for Imzy, we can stop providing all or part of the Services to you.

Your restrictions

  1. Don’t post Content that is pornographic, glorifies self-harm, promotes terrorism, or displays gore or torture relating to people or animals. Don’t harass, spam, impersonate, or deceive others.
  2. Don’t share any Content that you do not have the necessary rights to. Respect the intellectual property rights of others.
  3. Don’t use the Services to do anything illegal. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
  4. Don’t access employee-only parts of the Services or access the Services in any means other than those provided directly by Imzy.
  5. Don’t tamper with the computer or delivery systems of Imzy and/or its service providers or change the Services in any way.
  6. Don’t try to hack us or any of our users. Don’t probe, scan, or test any system, network, or account, especially for vulnerabilities, or otherwise try to get around or through the security measures we’ve put in place. Seriously. It’s not nice.
  7. Don’t disrupt the availability of the Services. Don’t send a virus, spam, overload, or otherwise use the Services in any other way that would interfere with the Services or provide an undue burden our ability to provide them.
  8. Don’t crawl, scrape, cache, or otherwise access any Content on the Service via automated means.
  9. Don’t use Imzy’s trademarks, branding, logos, or any other assets in a way that represents authority to speak on behalf of Imzy, an association or official relationship with Imzy, or that you are a part of Imzy without express prior written consent.

Don’t mess with Imzy in any other ways not listed here, either. We’d all like to stay friends. And no one wants to be friends with a jerk. Use common sense in how you interact with the Services and with other users. We go much more in depth on how to behave within the Services platform in our Community Policy.

About Us

Here are some things you need to know about Imzy. (This is also known more officially as the “Disclaimer of Warranty” and “Limitation of Liability” section.)

  1. We change the Services often and without warning! We’re trying to make the best platform possible for you, and sometimes that includes big changes, and it definitely includes lots of updates.
  2. Imzy may change, suspend, restrict, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content without notice or liability.
  3. Imzy is provided to you on an “as is” and “as available” basis, without any warranties of any kind regarding the type, quality, or availability of Services or Content provided, to the full extent permitted by law.
  4. Imzy’s failure to insist upon or enforce strict performance of any provision of this Agreement does not constitute a waiver of any provision or right.
  5. Imzy may terminate or suspend accounts or usernames at any time, in its sole discretion. Upon termination, all licenses and other rights granted to you in this Agreement will immediately cease.
  6. Imzy will not be liable under any circumstances for any loss or damage of any kind directly or indirectly related to the Service, proprietary or User Content, your use of or ability to use the Services, or behavior of any user or third party through the services. This limitation applies to all claims.
  7. (Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability as set forth above. If you live in one of those areas, then that part doesn’t apply to you.)
  8. In no event will Imzy’s total liability to you for any claim under this agreement exceed one hundred dollars (US $100.00) or the amount you paid us to use the applicable Services.

About Content

You own and retain the rights to all the Content you create (“User Content”). It’s your intellectual property to do with as you wish, and any royalties or reimbursement you get for your Content outside of Imzy are entirely yours. We’re proud your work found a home here, but we would never want to limit its use outside of Imzy.

We own all the Content that is not User Content, and of course we also own all the Intellectual Property, Trademarks, Trade dress, Trade Secrets, Copyrights, etc. that power and run the Services.

Sharing Your Content

By sharing User Content through the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, and create derivative works of that content.

The rights you grant in this license are only to allow us to operate the Services. Without this section of the Terms of Service, we can’t display your Content to the community you’re trying to submit it to or even to you directly, index it for searching, or make backups to prevent data loss, etc. This permission includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

This license is not intended to give Imzy the right to make substantive editorial changes or derivations for the purpose of making money off your Content, but it does, for example, enable other users to repost, comment on, or use other functionalities through the Service in relation to your Content.

If you terminate your Account or delete a Username, we are committed to making your User Content inaccessible to others, but that may not be completely possible due to the social nature of Content shared through Imzy’s Services. When you post something publicly, others may choose to comment on it, copy it, and modify it, making your Content part of a conversation that can’t later be erased without disrupting the conversations of other users. You can still delete your comments and posts, of course, but you can’t delete other people’s Content that may reference yours. Simply put, it’s hard to remove something completely that has been posted publicly, so please think twice before you post.

DMCA Policy

If you believe your Content or IP has been stolen or that another user has infringed on your copyrights, you can file a DMCA notice, following the Digital Millennium Copyright Act. Please contact us at DMCA@imzy.com to file a copyright claim or send to the following address:

Imzy DMCA Claims
136 S Main St. Suite #210
Salt Lake City, UT 84010

We require a valid DMCA notice before removing content. The claim should identify the following:

  1. Allegedly infringing material and URL where it is located.
  2. Legal basis for the claimed infringement.
  3. Registration and/or application number(s) pertaining to their trademark.
  4. Physical or electronic signature and statement that the information above is accurate, under penalty of perjury.

If we remove material in response to a copyright or trademark claim, the user who posted the allegedly infringing material will be notified and provided with information from the complainant's notice (like identification of the rightsholder and the allegedly infringed work) so they can determine the basis of the claim.

The posting user can send us an appeal explaining their side of the situation, along with any relevant materials we should look at. A DMCA counter-notification can be filed with us through the same channels by including the following:

  1. Identification of content removed.
  2. Explanation of why you believe it was incorrectly removed.
  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
  4. Physical or electronic signature and statement that the information above is accurate, under penalty of perjury.

Counter-notifications that we determine to be valid will result in restoration of the content at issue following the required waiting period prescribed by the DMCA. A successful appeal will result in restoration of the removed content.

About Payments

We provide the ability for users to send money to other users within our Services. Imzy is not party to any contracts for services; we only facilitate these contracts by providing a platform for the exchange to take place.

For all payments of any kind made through the Services, you authorize Imzy to charge your credit card through its payment processing partner (Stripe) according to the amount specified. Your payment information will be stored through Stripe and will not be stored directly on our servers. Instead, we provide the option for you to store your payment information with Stripe if you so choose. Imzy retains the right, in its sole discretion, to place a hold on any payment through our system.

Imzy has no obligation to provide refunds for payments already made to other Users but may grant them in extenuating circumstances or to correct any errors made by Imzy, in our sole discretion. Donations, or tips, to any user or community for any reason are given without any expectation of receiving anything in return, and thus are not available for refunds. Any payment outside of the Service is also not subject to any refunds.

Imzy reserves the right to remove a portion of all user payments for transaction fees and operational costs.

You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Imzy’s income, of course).

More information about how payments work on Imzy can be found at our handy Payments FAQ.

Dispute Resolution

We are committed to serving you in the best way we can. If you have any issues, please contact us through support@imzy.com to seek a resolution. We really want to help you and make you happy, we promise.

You may not start a formal proceeding (except for Claims described in the Governing Law section below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to support@imzy.com AND to the address listed directly below. We will send our notice to the email address associated with your account and U.S. mailing address if connected to your account.

Imzy Disputes
136 S Main St. Suite #210
Salt Lake City, UT 84010

Arbitration

If we cannot resolve a Claim directly and informally as listed above, we’re sorry. :(

After the 30-day period has passed, you agree that all disputes between you and Imzy will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, except for Claims described in the Governing Law section or as you and Imzy otherwise agree in writing, and must be arbitrated in Salt Lake City, Utah.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Imzy can require the other to participate in an arbitration proceeding. To opt out, you must notify Imzy in writing within 30 days of the date that you first became subject to this arbitration provision.

You must use this address to opt out:

Imzy Disputes
136 S Main St. Suite #210
Salt Lake City, UT 84010

You must include your name and residence address, the email address or phone number you use for your Imzy account, and a clear statement that you want to opt out of this arbitration agreement.

Special Rules

Neither you nor Imzy will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Imzy is a party to the proceeding.

Governing Law

Disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, claims of piracy, unauthorized use of the Service, or any other statement or law governing theft of service may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.

The Terms of Service are governed by and construed in accordance with the laws of the State of Utah as they apply to agreements entered into and to be performed entirely within Utah, without regard to conflict of law provisions.

You agree to resolve any disputes not solved through arbitration exclusively in a state or federal court located in Salt Lake City, Utah, and to submit to the personal jurisdiction of the courts located in Salt Lake County for the purpose of litigating all such disputes.

Independent Standing

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.