Terms of Service

Pop Culture Expo and IMAGE (Interactive Meet And Greet Entertainment)

Last modified: October 3, 2012

1. Introduction.
Interactive Meet And Greet Entertainment LLC (“IMAGE”) provides a website accessible at www.interactivemeetandgreet.com (the “Site”) through which you can participate in an online community and obtain services provided by IMAGE on the Site (the “Services”). In order to access certain features of the Site and Services, and/or to post any content or comments on the Site or via the Services, you will have to create an IMAGE account and become an IMAGE member (“IMAGE Member”).

Please read the following important terms and conditions (“Terms of Service”) carefully before you use the Site and Services. These Terms of Service, and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference, govern your access to and use of the Site and Services. These Terms of Service are a legal agreement between you and IMAGE and apply to you whether you are an IMAGE Member or a visitor just browsing the Site (collectively, “IMAGE Users”). These Terms of Service limit IMAGE’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

2. Acceptance of These Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, SERVICES OR YOUR IMAGE ACCOUNT OR BY POSTING ANY CONTENT ON THE SITE OR VIA THE SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, NOW AND IN THE FUTURE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.

3. You Must be 13 Years of Age or Have Parental Consent.
The Site and Services are intended to be used by people age 13 or older. If you are under 13 you may only use the Site and Services if you have obtained the consent of your parent(s) or other legal guardian. By using the Site or Services, you warrant that you are age 13 or older or have obtained this consent.

4. Our Privacy Policy.
Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from IMAGE Users. Please review our Privacy Policy here.

5. Limited Use License.
Subject to your agreement to, and continuing compliance with these Terms of Service, and the Privacy Policy, we grant you a limited, personal, revocable, non-transferable, non-assignable, non-exclusive license to use and continue to use the Site and Services consistent with these Terms. You agree that the use of the Site and Services is licensed and not sold to you, and that, except for this limited license, you are not being granted or getting any right, title, or interest in the Site or Services, or any trademarks, copyrights, trade dress or other intellectual property of IMAGE or anyone else.

6. Your Account.
When you register with IMAGE and set up your IMAGE account, you must provide IMAGE with accurate and complete information. You agree to promptly update your IMAGE account information with any new information that may affect the operation of your IMAGE account. You authorize IMAGE, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your IMAGE account information.

You agree that you will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. IMAGE reserves the right to require you to change your username for any reason and may do so at any time.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding IMAGE account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your IMAGE account, whether or not you have authorized such activities or actions. You agree to immediately notify IMAGE of any unauthorized use of your username, password or IMAGE account.

7. Access to Certain Content: Fees and Billing.
IMAGE Members may be able to access and/or purchase certain products, services and/or content through the Site and Services in different ways. You hereby authorize IMAGE to collect fees by charging the credit card you provide to us as part of your IMAGE account information, either directly or indirectly via a third party online payment service, such as PayPal, when you purchase a product on the Site.

8. IMAGE Intellectual Property.
Certain content and materials are made available through the Site and Services, including the following:
“IMAGE Content” which means, collectively, the text, data, graphics, images, IMAGE trademarks and logos and other content (including Licensed Content as defined below) made available through the Site and Services;
“Licensed Content” which means any content (including any audio or video content) provided to IMAGE by its third party content partners (which may include Premium Content or “download to own” content) made available through the Site and Services; and
“User Submissions” which means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which IMAGE Members post, upload and otherwise submit to the Site or Services, including, without limitation, in their profile page.
IMAGE Content. Unless otherwise noted, IMAGE and its licensors own all right, title and interest, including but not limited to, copyrights, patents, trademarks, trade dress, trade secret rights and all worldwide intellectual property rights in the Site, Services, IMAGE Content and any other content made available through the Site or Services contained therein, other than your User Submissions.

The Site and Services are protected by copyright under the copyright laws of the United States and other countries. Unless otherwise specifically noted, all text and images contained on the Site are the property of IMAGE and/or its affiliates or licensors and are copyrighted works. All copyright rights in the Site and Services and such text and images are owned or licensed by IMAGE, our affiliates or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You must abide by all additional copyright notices or restrictions contained on the Site. The graphics, logos, page headers, button icons, scripts, service names and other components and related materials found on the Site or through the Services are IMAGE’s trademarks or trade dress.

All rights in the product or service names, company names, trade names, trade dress, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and you are not receiving any license or right under any patent or trademark of IMAGE or anyone else.

You agree that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, IMAGE Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, IMAGE Content or any other content made available through the Site or Services (other than your User Submissions).

User Submissions. You (and not us) are solely liable and responsible for comments or other content you post or submit in your User Submissions including but not limited to information, statements, facts and material contained in any form, medium or technology now known or later developed.

You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to IMAGE, its affiliates and its partners, a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, publicly display, publicly perform, store, transfer, transmit, and publish your User Submissions (and subsequent versions thereof in any form, medium or technology now known or later developed) in connection with the Services and IMAGE’s (and its successors) business including, without limitation, for promotion and redistribution of part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You agree that you won’t try to enforce against us, our affiliates and our partners any so called “moral right” in your User Submissions.

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to IMAGE. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth below.

You acknowledge and agree that IMAGE may, at its option, reclassify or re-categorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on IMAGE’s servers. IMAGE will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.

Disclaimer about Content. IMAGE does not guarantee that any content without limitation, will be made available through the Site or Services, continuously or at all. WHILE IMAGE IS UNDER NO OBLIGATION TO DO SO, IMAGE RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE AND FOR ANY REASON IMAGE DEEMS SUFFICIENT. IMAGE does not have any obligation to monitor User Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, and IMAGE is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by IMAGE Members, including, without limitation, any information obtained by using the Site or Services. IMAGE does not endorse any User Submissions or any opinion, recommendation or advice expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IMAGE with respect thereto.

9. Copyrighted Materials: No Infringing Use.
You agree that you will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. IMAGE will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the IMAGE Copyright and IP Policy for further information.

10. Content is for your Personal Use Only.
Any content that you purchase or access via the Site or Service is only made available for your personal and non-commercial use. The delivery of any content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.

11. Notice of Copyright Infringement.
If you believe in good faith that any materials on the Site or Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must (1) identify the allegedly infringing material; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that, under penalty of perjury, you are the lawful copyright owner or authorized to act on behalf of the owner.

Our contact for copyright issues relating to the Site and Services is: legal@imagemeetandgreet.com. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

12. Termination or Suspension of the Site, Services and Your Account.
Without limiting other remedies, IMAGE reserves the right in its sole discretion to, at any time, modify, suspend or terminate your IMAGE account and refuse to provide you access to the Site or Services, without notice to you. In addition, IMAGE may notify authorities or take any actions it deems appropriate, also without notice to you, if IMAGE suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by IMAGE; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, IMAGE Users, IMAGE or any other third parties or the Site or Services.

You may terminate your IMAGE account at any time and for any reason by selecting this option on your account information page. Upon any termination by an IMAGE Member, the related account will no longer be accessible.

After any termination, you understand and acknowledge that we will have no obligation to provide you with the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. IMAGE will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION INCLUDING USER SUBMISSIONS THAT YOU HAVE SUBMITTED ON THE SITE, OR THAT WHICH IS RELATED TO YOUR ACCOUNT, MAY NO LONGER BE ACCESSED BY YOU. Furthermore, IMAGE will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation of your account will not affect your obligations to IMAGE under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

13. Interactions between IMAGE Users.
You are solely responsible for your interactions (including any disputes) with other IMAGE Users. You understand that IMAGE does not in any way screen IMAGE Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other IMAGE Users. You agree to take reasonable precautions in all interactions with other IMAGE Users, particularly if you decide to meet IMAGE Users offline, or in person. Your use of the Site, Services, IMAGE Content and any other content made available through the Site or Services is at your sole risk and discretion and IMAGE hereby disclaims any and all liability to you or any third party relating thereto. IMAGE reserves the right to contact IMAGE Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You agree to cooperate fully with IMAGE to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized IMAGE representatives access to any password-protected portions of your IMAGE account.

14. Obligations of IMAGE Users.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

Upload, post, submit or otherwise transmit: (i) any User Submissions to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions for which you do not have the consent or permission of each identifiable person in the User Submissions to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submissions that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Upload, post, submit or otherwise transmit any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of IMAGE;
Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; Use any meta tags or other hidden text or metadata utilizing a IMAGE trademark or logo, URL or product name without specific written permission from IMAGE. Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
Upload, post, submit or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Upload, post, submit or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions or Translated Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of IMAGE’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Attempt to probe, scan or test the vulnerability of any IMAGE system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by IMAGE or other generally available third party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks without express written permission from IMAGE;
Collect or store personal data about other IMAGE Users without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Use the Site or Services in any manner not permitted by these Terms of Service; or
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

15. Promotions.
IMAGE may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site, as they may contain additional important information about IMAGE’s rights to, and ownership of, the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.

IMAGE Members are not authorized to create or operate Promotions on or through the Site or Services without their express written permission from IMAGE.

IMAGE will have no liability to any Promotion winners, any IMAGE Users, or other third parties for any harm, damages, costs, or expenses related to their participation in any Promotion, or their claiming, acceptance, or use of any prize.

Promotion materials, including official Promotion rules, shall contain language that: (i) disclaims any and all warranties on IMAGE’s behalf with respect to the Promotion in question and any prize, and (ii) releases IMAGE from liability to any winners, IMAGE Users, or other third parties for any harm, damages, costs, or expenses related to their participation in the Promotion, or their claiming, acceptance, or use of any prize.

IMAGE may make changes to the Promotion materials in furtherance of its interests and may terminate any Promotions at any time and for any reason in its sole discretion.

IMAGE is not responsible for the administration and operation of any Promotions run, sponsored or administrated by third parties. IMAGE hereby disclaims any and all liability relating thereto.

16. You Indemnify IMAGE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD IMAGE AND ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, ADVERTISERS, PARTNERS, CONSULTANTS AND AGENTS AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM: (I) YOUR ACCESS TO OR USE OF THE SITE, SERVICES, IMAGE CONTENT, OR USER SUBMISSIONS; (II) YOUR VIOLATION OF THESE TERMS OF SERVICE OR OUR PRIVACY POLICY; OR (III) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY RIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY; OR (IV) ANY CLAIM THAT ANY CONTENT YOU POSTED ON THE SITE OR VIA THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USER SUBMISSIONS) OR ANY TRANSLATED CONTENT ARE INFRINGING. AS TO (I), (III) AND (IV) IN THIS SECTION, YOUR OBLIGATION TO INDEMNIFY IMAGE APPLIES TO YOUR ACTIVITIES ON THE SITE AT ANY TIME. YOU AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN OUR DEFENSE AND/OR SETTLEMENT OF ANY CLAIM. WE RESERVE IN OUR REASONABLE DISCRETION THE RIGHT TO ASSUME EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

17. IMAGE Disclaims All Warranties.
THE SITE, SERVICES, IMAGE CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND. IMAGE EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, IMAGE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, IMAGE CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE; THAT THE FUNCTIONS OR SERVICES PROVIDED BY IMAGE WILL BE UNINTERRUPTED; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

18. IMAGE Has Limited Liability.
UNDER NO CIRCUMSTANCES WILL IMAGE OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS LICENSORS, CONSULTANTS OR AGENTS OR ANY OF THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT WITHOUT LIMITATION LOSS OF USE, PROFITS, REVENUE, DATA, AND GOODWILL) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, IMAGE CONTENT, ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, AND ANY LINKED SITES (INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY IMAGE USER ONLINE OR OFFLINE); OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS; WHETHER BASED ON WARRANTY, TORT CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF IMAGE AND ITS AFFILIATES ANY SUCH OTHER INVOLVED PARTY SHALL NOT EXCEED $50.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN THESE STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

19. Force Majeure.
IMAGE will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to IMAGE infrastructure or connectivity to the internet or failure at an IMAGE co-location facility (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, IMAGE will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that IMAGE may reasonably require to recover from the effects of such Force Majeure Event.

20. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of these Terms of Service each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

21. Notice; Consent to Electronic Notice.
You consent to the use of (a) electronic means to complete these Terms of Service and to deliver any notices pursuant to these Terms of Service and (b) electronic records to store information related to these Terms of Service or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given by (c) IMAGE via email (in each case to the address that you provide), (d) a posting on the Site or (e) by you via email to legal@imagemeetandgreet.com or to such other addresses as IMAGE may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

22. Links to other Websites.
The Site may provide links to websites other than the Site itself. Such links are provided to you as a convenience. Any third party website accessed from the Site is independent from IMAGE, and IMAGE neither controls such websites nor endorses any of the material on any such websites or any association with their operators. IMAGE is not responsible for the activities or content of any linked third party website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of any such third party websites.

23. No Implied Endorsements.
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by IMAGE of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that IMAGE endorses, sponsors or accepts any responsibility for the content or use of such a website. IMAGE does not endorse, warrant, or guarantee any product or service offered by any third party through an IMAGE linked site and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

IMAGE is also not responsible for the privacy practices or security or terms of service of any linked sites. Please refer to and review the privacy policy, security policy and terms of service of any linked site before using the linked site.

24. Assignment.
You may not assign or transfer these Terms of Service (by operation of law or otherwise) without the prior written consent of IMAGE and any prohibited assignment will be null and void. IMAGE may assign these Terms of Service or any rights hereunder without your consent.

25. Governing Law and Disagreements.
These Terms of Service are governed by the laws of the State of Massachusetts. If you and IMAGE have a disagreement or dispute, it will be resolved by final and binding arbitration in Boston, Massachusetts before J.A.M.S/ENDISPUTE, or its successor, pursuant to the Federal Arbitration Act. Either you or we may commence the arbitration process by filing a written demand for arbitration with J.A.M.S/ENDISPUTE, with a copy to the other. Except as those rules and procedures are modified in these Terms, the arbitration will be conducted in accordance with the provisions of J.A.M.S/ENDISPUTE’s Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. You and we will cooperate with J.A.M.S/ENDISPUTE and with one another in selecting an arbitrator from J.A.M.S/ENDISPUTE’s panel of neutrals, and in scheduling the arbitration proceedings. You and we will participate in the arbitration in good faith, and you and we will share equally in its costs. The provisions of this paragraph and the arbitrator’s decision may be enforced by any state or federal court located in Massachusetts and you and we consent to the jurisdiction of each state or federal court located in Massachusetts.

26. Entire Agreement.
These Terms of Service, together with the Privacy Policy and other rules and policies of IMAGE incorporated herein by reference and that we post on the Site, constitute the entire agreement between IMAGE and you about the IMAGE Site and Services, and your use of them, and replace any earlier agreements or understandings.

27. Severability.
If any provision in these Terms of Service is determined to be invalid or unenforceable then that provision will be deemed automatically replaced by a valid, enforceable provision that most closely reflects the intent of the original provision, and without affecting any of the other Terms, which will remain unchanged and in effect.

28. Changes to these Terms of Service Will Be Posted on the Site.
IMAGE reserves the right in its sole discretion, at any time, to modify these Terms of Service without advance notice. When we revise the Terms of Service you will know this because the date at the beginning of these Terms will change. Please revisit this page to stay aware of any changes. Your continued use of the Site and Services constitutes your agreement to these Terms of Service and any future revisions.

29. Waiver.
A waiver by us of any of these Terms of Service or of a violation by you of any of them is only valid against us if we waive it in writing and if we waive one violation it doesn’t mean that we waive another, even if it is the same kind of violation. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

30. Comments, Feedback and Questions.
Comments. You can rate and make comments about content made available through the Site or Services (“Comments”). IMAGE advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Site or Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone’s reputation if your Comments are deemed to be defamatory. IMAGE may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, IMAGE does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Service.

Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit feedback by emailing us at legal@imagemeetandgreet.com or through the “Contact” section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of IMAGE and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to IMAGE together with all intellectual property rights therein.

Questions. If you have questions about these Terms of Service or your use of the Site and Services, please contact us by e-mail at legal@imagemeetandgreet.com or by mail at IMAGE, LLC, P.O. Box 702, Hudson, MA 01749.

IMAGE Copyright and IP Policy