Welcome to Imcovery, Inc. (“Imcovery” or “we”)! These Terms of Services (“Terms”) govern your access to and use of the Imcovery website imcovery.com (the “Site”) and the Imcovery Application (“App”). These Terms constitute a legally enforceable agreement by and between you (“you” or “your”) and Imcovery.
1. REQUIREMENTS TO BECOME A MEMBER. Age. You must be at least 18 years of age to use this Site and the App. If you are not at least 18 years old, you must not access or use this Site or the App. You may not download our App, become a member, or create an account if you have been convicted of an indictable offense or a felony. By applying for a membership, you warrant and represent to us that you have not been convicted of an indictable offense or a felony or a registered sex offender with any government authority.
2. CONTACT. You can contact us by email at firstname.lastname@example.org or by telephone at (323) 570-1179.
3. REGISTER FOR AN ACCOUNT. Before you can have access to and use all the benefits of our Site and App, you must register for an account on our Site ("Account"). By creating an Account, you agree to (a) provide true, accurate, current and complete information about you as prompted in the Site account details section (“Account Information”) and (b) maintain and promptly update your Account Information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and exit from your Account (on the Site and/or the App) at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site and App. If you have reason to believe that your Account is no longer secure, you must immediately notify us, and you must promptly change your password by updating your Account Information. We may from time to time request a form of identification to verify: (i) your identity; (ii) the information provided by you; (iii) your payment or billing information; and/or (iv) your compliance with our Terms.
6. OUR APPLICATION. Imcovery is a social platform that connects expatriates. You can find people from your home country (or other countries you are interested in) that live around you, connect with them, chat with them, and see events hosted by your community. You acknowledge that your use of the Site and App is solely at your own risk. You represent and warrant that any information and photos provided by you to use our Site and App is accurate in all respects, not in breach of these Terms and not harmful to any person in any way.
7. COPYRIGHT ASSIGNED. You agree that all copyrights which exists in any material or information provided by you to the Imcovery is assigned to the Imcovery for use within the scope of these Terms. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
8. YOUR PROFILE. You are solely responsible for all the content of your profile, messages, video and audio recordings and other materials you may upload and provide to us (“Your Content”) on the Site or App or transmit to other members who are also users of the App.
9. RESTRICTIONS. You agree that you will not post content which: contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic, violent or otherwise may offend human dignity; is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory or libelous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers); involves the transmission of "junk" mail or "spam"; contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Imcovery or otherwise; itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent.
10. YOUR CONTENT. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. Once you download the App and submit your personal information, Your Content will be visible to other users of the App all around the world instantly. You are responsible for Your Content, so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Imcovery Users). By uploading Your Content on our Site and the App, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content. You are responsible for taking all necessary precautions to ensure that any material you may obtain from our Site and App is free of viruses or other harmful components. You accept that Imcovery may not be able to provide you with: (i) uninterrupted or error free services, (ii) services that will not have defects (that can be corrected) or (iii) access to storage that is free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Imcovery is not responsible for any damage to your computer hardware, computer software, mobile devices, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
11. MEMBER CONTENT. Other members of our services will also share content (“Member Content”) via the App. that belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content. You do not have any rights in relation to other users' Member Content, and you may only use other Imcovery users' personal information to the extent that your use of it matches Imcovery's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse Member Content. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
12. OUR CONTENT. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on our Site or the App (“Our Content”) are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us, at all times. We grant you a non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions: (i) you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App; (ii) you shall not use our name in metatags, keywords and/or hidden text; (iii) you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and (iv) you shall use Our Content for lawful purposes only. We reserve all other rights.
a) THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
b) WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. IMCOVERY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. IMCOVERY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
c) IN NO EVENT WILL WE WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
d) YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
e) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
17. INDEMNITY All the actions you make and information you post on the Site and App shall remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) any negligent acts, omissions or willful misconduct by you; (ii) your access to and use of the Site and App; (iii) the uploading or submission of Your Content to the App by you; (iv) any breach of these Terms by you; and/or (v) your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
18. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to our address:
a) your physical or electronic signature;
b) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Imcovery’s, Imcovery may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Imcovery's sole discretion.
You may direct copyright infringement notifications to:
Attention: Support Services by email at email@example.com or by telephone at (323) 570-1179
19. THIRD PARTY APP STORE. The following additional terms and conditions apply to you if you download the App from a Third-Party Store. To the extent that the Third-Party terms and conditions are less restrictive than these Terms, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:
a) these Terms are concluded solely between you and Imcovery and not with the providers of the Third-Party Store, and Imcovery (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
b) the Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Imcovery is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Imcovery.
c) Imcovery, not the Third-Party Store provider, is responsible for addressing any claims you or any Third-Party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims, to the extent not effectively disclaimed.
d) the Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
b) Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The state or federal court in San Francisco County, California will be the jurisdiction in which any suits should be filed if they relate to these Terms. Prior to the filing or initiation of any action or proceeding relating to these Terms, the parties will participate in good faith mediation in San Francisco County, California. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
c) Waiver. The waiver by either party of a breach of any provision of the Terms shall not constitute a waiver of any succeeding breach of the same or any other provision. The failure by either party to require performance by the other party of any provision of the Terms shall not affect the right of the other party to require such performance in the future.
d) Severability. If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
e) Assignment. You do not have the right to assign or otherwise to transfer such rights or obligations under these Terms without Imcovery’s the prior written consent of Imcovery, which consent may not be unreasonably withheld.
f) Changes. As we grow, we might have to make changes to these Terms, so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes. Your continued use of our Site and App following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using our Site and App immediately.
h) Third-Party Websites. The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such third-party websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms were last updated on April 20, 2019.