The large print
Here are the big points that we want to get out of the way early.
- Ideas: All ideas and comments submitted to the site are open to the public and published under the Creative Commons attribute license. You're allowed, encouraged, expected to take these ideas and run with them.
Emails: Only Imagine That has access to your email. We do NOT sell or share your email with third-parties or even partners or sponsors. You can expect emails:
- In the form of a daily or weekly or monthly round up of ideas (you can control how often).
- When people like or comment on an idea you created (you can control this as well).
- City-wide champions (they're like moderators) can email people through a web form on the system. They can not see email addresses, but can contact users individually (email email@example.com if someone is using this too much).
- When there are major updates to Imagine That or your account.
The Rest of the Print
This document is here to explain your rights as a user and cover ours rights as a company. It’s important that you read this because if you sign up to use this service in any way you are agreeing to these terms. We’ll try to make sure it’s readable to normal human beings, but this is intended to be a legal document.
Description of Service
Imagine That is a web-based application where people publicly air out ideas in a community-oriented stream. Some are big. Some are small. All are valuable. Publishing ideas to a stream is free--and highly encouraged. Advertising sponsorships are available for select streams--also highly encouraged. The service is designed to collect as many good ideas as possible. That means it’s as hassle-free as we can reasonably make it. But, we do have controls and limits in place to keep the conversations civil and constructive. If you see anything that violates our terms, please report it.
We adapted this Terms of Service from WordPress.com which kindly made theirs available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want they’d appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on the document, and other people shouldn't need to do the same.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Imagine That, acceptance is expressly limited to these terms.
- Your ImagineThat.io Account and Site. If you manage an account on ImagineThat, you are responsible all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Imagine That may change or remove any idea that it considers inappropriate or unlawful, or otherwise likely to cause Imagine That liability. You must immediately notify Imagine That of any unauthorized uses of your account or any other breaches of security. Imagine That will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate an account, comment on an idea, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods;
- your account is not presented in a manner that misleads your readers into thinking that you are another person or company
Authors with a valid user account have 15 minutes to delete ideas. If you delete Content, Imagine That will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Imagine That has the right (though not the obligation) to, in Imagine That’s sole discretion (i) refuse or remove any content that, in Imagine That’s reasonable opinion, violates any Imagine That policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Imagine That’s sole discretion. Imagine That will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal. All sponsor payments are due before the sponsor period begins and are non-refundable for the period of the sponsorship. Sponsors will be able to renew at the end of the sponsor period.
- Partners give Imagine That the permission to publish partner logos on the site and mention partner names in marketing and public relations material.
- Sponsors give Imagine That the permission to publish name, logo, description of company, website address of company and Twitter account of company on the site and additional marekting and public relations material.
- Responsibility of Website Visitors. Imagine That has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Imagine That does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Imagine That disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ImagineThat.io links, and that link to ImagineThat.io. Imagine That does not have any control over those non-ImagineThat websites and webpages, and is not responsible for their contents or their use. By linking to a non-ImagineThat website or webpage, Imagine That does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Imagine That disclaims any responsibility for any harm resulting from your use of non-Imagine That websites and webpages.
- Copyright Infringement and DMCA Policy. As Imagine That asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ImagineThat.io violates your copyright, you are encouraged to notify Imagine That in accordance with Imagine That’s Digital Millennium Copyright Act (“DMCA”) Policy. Imagine That will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Imagine That will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Imagine That or others. In the case of such termination, Imagine That will have no obligation to provide a refund of any amounts previously paid to Imagine That.
- Intellectual Property. This Agreement does not transfer from Imagine That to you any Imagine That or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Imagine That. Imagine That, ImagineThat.io, the ImagineThat.io logo, and all other trademarks, service marks, graphics and logos used in connection with ImagineThat.io, or the Website are trademarks or registered trademarks of Imagine That or Imagine That’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Imagine That or third-party trademarks.
- Advertisements. Imagine That reserves the right to display advertisements on any page within the Website
- Attribution. Imagine That reserves the right to display attribution links such as ‘Start Up Your City at ImagineThat.io,’ background image creator, and font attribution in your account footer. Footer credits and the ImagineThat.io Footer may not be altered or removed regardless of upgrades purchased.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using ImagineThat.io within the designated notice period. Your continued use of ImagineThat.io will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Imagine That may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ImagineThat.io user or city account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Imagine That and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Imagine That nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat from WordPress. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Imagine That, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Imagine That under this agreement during the twelve (12) month period prior to the cause of action. Imagine That shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the "Large Print" privacy statement at the top of this agreement, with this Agreement in total and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Imagine That, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.