3. ACCESS AND USE OF THE IMHO SERVICES
You must be at least 13 years of age to visit the IMHO Site or use the IMHO Services on any Site.
Your License. IMHO is pleased to grant you a non-exclusive limited license to use the IMHO Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by IMHO in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by IMHO. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by IMHO in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Embedding a Video Using the Video Player. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to IMHO (in IMHO's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. IMHO reserves the right to prevent embedding to any website or other location that IMHO finds inappropriate or objectionable (as determined by IMHO in its sole discretion).
Ownership. You agree that IMHO owns and retains all rights to the IMHO Services. You further agree that the Content you access and view as part of the IMHO Services is owned or controlled by IMHO and IMHO's licensors. The IMHO Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the IMHO Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the IMHO Services for lawful, non-commercial and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the IMHO Site or use the IMHO Services in a way that:
▪ violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
▪ uses technology or other means to access, index, frame or link to the Content or the IMHO Services that is not authorized by IMHO (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Content or IMHO Services);
▪ involves accessing the IMHO Services through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the IMHO Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
▪ introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
▪ damages, disables, overburdens, impairs, or gains unauthorized access to the IMHO Services, including IMHO's servers, computer network, or user accounts;
▪ removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the IMHO Service;
▪ uses the IMHO Services to advertise or promote competing services;
▪ encourages conduct that would constitute a criminal offense or give rise to civil liability;
▪ violates these Terms or any guidelines or policies posted by IMHO;
▪ interferes with any other party's use and enjoyment of the IMHO Services; or
▪ attempts to do any of the foregoing.
If IMHO determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the IMHO Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the IMHO Services and Content, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the IMHO Services to harvest or disseminate information about users or to users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the IMHO Services, you acknowledge that you will have caused substantial harm to IMHO and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay IMHO $50 for each such unsolicited communication you send through the IMHO Services.
Downloads. In order to participate in certain IMHO Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the IMHO Services with respect to any or all users, at any time without notice. You acknowledge that IMHO may do so in IMHO's sole discretion. You also agree that IMHO will not be liable to you for any modification, suspension, or discontinuance of the IMHO Services.
Access to the IMHO Site and use of the basic IMHO Services is free. If we feel it is appropriate to charge for certain premium IMHO Services, we will, of course, notify you. You then will have an opportunity not to use such premium IMHO Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the IMHO Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at help@IMHOmedia.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing help@IMHOmedia.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER MATERIAL
Your Posts, Broadcasts and Communications. As part of the IMHO Services, users may have an opportunity to publish, transmit, communicate, submit, or otherwise post (collectively, "Post") reviews, comments, messaging or other materials (collectively, "User Material"). In order to keep the IMHO Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the IMHO Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material (as defined above in Section 3); or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant IMHO the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. IMHO will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that IMHO does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. IMHO does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of IMHO. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does IMHO assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against IMHO with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the IMHO Services is not available for a specific instance of inappropriate User Material, please email feedback@IMHOmedia.com (subject line: "Inappropriate User Material").
8. LINKED WEBSITES AND ADVERTISING
IMHO is not responsible for the content or practices of any website other than the IMHO Site, even if it links to the IMHO Site and even if the website is operated by a company affiliated or otherwise connected with IMHO. By using the IMHO Services, you acknowledge and agree that IMHO is not responsible or liable to you for any content or other materials hosted and served from any website other than the IMHO Site.
Advertisements. IMHO takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the IMHO Services are between you and the advertiser, and you agree that IMHO is not liable for any loss or claim that you may have against an advertiser.
IMHO, the IMHO logo, www.IMHOmedia.com, and other IMHO marks, graphics, logos, scripts, and sounds are trademarks of IMHO. None of the IMHO trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is IMHO's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. IMHO's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any IMHO creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE IMHO SERVICES, YOU AGREE THAT USE OF THE IMHO SERVICES IS AT YOUR OWN RISK. THE IMHO SERVICES, INCLUDING THE IMHO SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, IMHO DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE IMHO SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL IMHO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "IMHO PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE IMHO SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE IMHO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE IMHO SERVICE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE IMHO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE IMHO SERVICES. IMHO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the IMHO Services, including through a link, infringes your copyright, you should notify IMHO of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which IMHO receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to IMHO's Copyright Agent at dmca@IMHOmedia.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent IMO Entertainment LLC 200 Varick Street, New York, NY 10014
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the IMHO Services that is reasonably sufficient to enable IMHO to identify and locate the material; (d) how IMHO can contact you, such as your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@IMHOmedia.com for purposes other than communication about copyright infringement may not be answered.
IMHO has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
International Use. IMHO's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where IMHO does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the IMHO Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.