Please review the following terms of use before using this Site. If you do not agree with the terms of use, please do not register as a Member.
These terms of use, and any other terms and conditions posted on any individual page of this site (the “Terms of Use” or this “Agreement”), governs the use of this Site by you and the user and customer services on this Site (“Services”). Use of this Site constitutes acceptance of the Terms of Use and creates a binding legal agreement wherein you agree to use this Site in a manner consistent with all applicable laws and according to the Terms of Use, including terms and conditions listed below.
Imprev may revise this Agreement at any time by updating this posting. You should visit this page periodically to review this Agreement, because it is binding on you. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this Site for any reason.
Copyright and Trademark Information
All text, images, graphics, logos, button icons, software, and any other content on this Site (“Material”) are protected by United States, foreign and international copyright, trademark, patent or other proprietary rights and laws. All Material is the property of Imprev, its content suppliers, clients or Users. Imprev is a trademark or registered trademark, and other Imprev product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Imprev. The compilation (meaning the collection, arrangement and assembly) of all Material on this Site and the HTML code that Imprev creates to generate pages on this Site is the exclusive property of Imprev and protected by United States, foreign and international copyright laws. All rights not expressly granted herein are reserved.
Permitted Site Use
You may use this Site for the online creation and publication of professional marketing materials, marketing collateral and advertising (“Projects”) using only such Material that is specially designated and authorized to be used for such purposes by the owner(s) of that Material. Imprev reserves all the rights in and to all other Material contained in this Site.
Price and Payment
You authorize Imprev to charge your credit card for all Services. The pricing is as posted on this Site at the time of registration for your type of membership or as previously contracted by you via written contract with Imprev. While your Projects are on the Site, you will be able to view and share them at no additional cost to you. Imprev will store your Projects for as long as you remain an active User. You will be an active User as long as all of your membership fees are paid when due. These terms and conditions, including the pricing, are subject to change at Imprev’s sole discretion upon notice sent to your email address in Imprev’s records.
Your Information
When you register for this Site, you will be asked to provide Imprev with certain information, including a valid email address (“your Information”). In addition to and notwithstanding to the terms and conditions that may be set forth in any privacy policy or privacy statement on this Site, you understand and agree that Imprev may disclose to third parties, on an anonymous basis, certain aggregate of your Information. Imprev will not disclose to any third party your name, address, email address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Imprev reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by Imprev or by third parties. Please see Imprev Privacy Statement for further details regarding your Information.
Registration and Password
You are responsible for maintaining the confidentiality of your Information and password and for all uses of your registration and password, whether or not authorized by you. You shall not disclose to or share your password with any third party or use your password for any purpose not authorized by this Agreement. You shall immediately notify Imprev of any unauthorized use of your registration or password.
Terms of Service
Service is available to any entity, and to any individual 13 years of age and older, which provides all required information including the name, and an accurate and legitimate email address. If you are an individual, by accepting this Agreement you signify that you are over the age of 13. Each User can create an Imprev password for future access to this Site. The User will then be able to create Projects.
(a) The use of the Imprev service is governed by the Imprev Privacy Statement. Please click here to review Imprev Privacy Statement.
(b) Imprev provides a method to present data and information across multiple mediums. Users may customize the provided designs utilizing the Imprev forms for their personal use.
(c) Imprev does not control the content of any Project and disclaims any obligation to monitor such content. Therefore, all such content is the responsibility of the User, not Imprev.
(d) All use of this Site is subject to the following:
(i) Projects may not be modified or altered in any way, except by the User creating the Project.
(ii) Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Material, in whole or in part, without the prior written permission of Imprev.
Prohibited Uses of this Site
Unacceptable actions and content on this Site, listed below, will constitute grounds for blocking access, removal of posted or created material, termination of your membership, termination of this Agreement with you and/or termination of Projects. It is a condition of your use of this Site that you do not:
(a) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, hateful, or otherwise objectionable;
(b) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
(e) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(f) 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;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt) this Site or Servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site, including via overloading, “flooding,” “mailbombing” or “crashing;”
(h) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Imprev, its affiliates, content suppliers, clients or Users;
(i) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Imprev on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
(j) Attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site;
(k) Access or attempt to access any data not intended for you, log into a server or account which you are not authorized to access; or
(l) Attempt to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures without proper authorization.
Term and Termination of Service
(a) The term of this Agreement shall be for a period of one (1) year commencing upon your registration with Imprev. Upon expiration of the initial one-year term, this Agreement shall automatically renew for additional one-year periods unless and until terminated by you. The initial and any renewal terms are referred to collectively herein as the “Term.”
(b) Imprev may terminate your Project or archive and delete any and all information, communications, postings, rolls and image files at any time, without notice, in Imprev’s sole and absolute discretion, for conduct violating this Agreement.
(c) Imprev may terminate your Project or archive and delete any and all information, communications, postings, rolls and image files at any time, without notice, in Imprev’s sole and absolute discretion, for online conduct that Imprev believes is harmful to other Users, the business of Imprev, or any other third party.
(d) Imprev may terminate your membership of, your registration with or ability to access this Site, and/or any Service provided to you by Imprev, upon any breach by you of this Agreement or if Imprev is unable to verify or authenticate any information you submit to this Site.
(e) Imprev reserves the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Imprev’s sole discretion are objectionable or in violation of these terms and conditions.
Disclaimer of Warranty and Limitations of Liability
(a) Imprev makes no express or implied warranties about the reliability of the Material, and is not responsible for any damage caused by loss, deletion or alteration of any content of any Project. Users are responsible for monitoring and creating backups of all Project content.
(b) Imprev hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material, including Material, in this Site. Imprev further disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including Material, in this Site. Imprev disclaims any responsibility for any harm resulting from downloading or accessing any information or material, including Material, through this Site. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through Imprev and/or third parties is subject to your agreement to this provision and these terms and conditions.
(c) Imprev is not involved in the actual creation of any Project, and, as a result, Imprev has no control over the quality, safety, or legality of the Projects or the truth or accuracy of the Projects. You agree that you are solely responsible for the form, content and accuracy of any Project created by you.
(d) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. TO THE FULL EXTENT PERMITTED BY LAW, IMPREV DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULL EXTENT PERMITTED BY LAW, IMPREV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE OR SERVICES. IMPREV DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THIS SITE OR THROUGH ANY LINKS PROVIDED IN THIS SITE.
(e) YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
(f) UNDER NO CIRCUMSTANCES SHALL IMPREV BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THIS SITE, ANY CONTENT ON THIS SITE OR PRODUCTS AND SERVICES ADVERTISED ON OR ASSOCIATED WITH THIS SITE. UNDER NO CIRCUMSTANCES SHALL IMPREV BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF SUCH USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE.
(g) UNDER NO CIRCUMSTANCES, THE TOTAL LIABILITY OF IMPREV UNDER THIS AGREEMENT SHALL EXCEED $100.
(h) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnity
By using this Site you agree to indemnify Imprev and its parents, subsidiaries, affiliates, directors, officers, consultants, agents and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site or from your breach of this Agreement.
Notice of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Imprev’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
If you believe that your copyrighted work has been uploaded, posted or copied to this Site and is accessible on this Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this Site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow Imprev to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your email address;
5. A statement by you that you have a good faith belief that use on this Site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Imprev has designated Renwick Congdon as its agent to receive notices of claims of copyright infringement on this Site. You can contact Renwick as follows:
By Mail:
Renwick Congdon
President / CEO
IMPREV, Inc.
P.O. Box 53346
Bellevue, WA 98015
By Telephone:
1-800-809-3356
By E-mail:
Support@imprev.com
Links to other Sites
This Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Imprev of the contents on such third-party web sites. Imprev has no control over and is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
Unsolicited Idea Submission Policy
IMPREV GENERALLY DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO IMPREV. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN IMPREV’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO IMPREV. THEREFORE, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO IMPREV OR ANYONE AT IMPREV. IF, DESPITE THIS REQUEST THAT YOU NOT SEND IMPREV YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT IMPREV MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Feedback and Information
ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. IMPREV IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.
Governing Law
All legal issues arising from or related to the use of this Site or this Agreement shall be interpreted and construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Washington without regard to conflicts of law principles. By using this Site and agreeing to this Agreement, you consent to personal jurisdiction and the exclusive venue in the state and federal courts sitting in King County, Washington with respect to any disputes arising out of or relating to this Agreement or your use of this Site.
Entire Agreement
This Agreement constitutes the entire agreement between the you and Imprev with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Imprev and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Imprev are incorporated herein by this reference to the extent they do not conflict with this Agreement.
Violations of this Agreement
Should you violate this Agreement or any other rights of Imprev, Imprev reserves the right to pursue any and all legal and equitable remedies against you, including terminating any and all User accounts. If Imprev should fail to enforce any right or provision of this Agreement, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions of this Agreement. If a court should find that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
Assignment of this Agreement
You agree not to transfer this Agreement, assign any of your rights or delegate any of your obligations under this Agreement, in each case without Imprev’s prior written consent, which consent may be withheld by Imprev in its sole and absolute discretion.
