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 email@example.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.
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.
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.
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.
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.
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.)
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.
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.
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:
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:
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.
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.
We are committed to serving you in the best way we can. If you have any issues, please contact us through firstname.lastname@example.org 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 email@example.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.
136 S Main St. Suite #210
Salt Lake City, UT 84010
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.
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:
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.
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.
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.