Terms and Conditions
Limitation of Liability and Warranties
YOU AGREE THAT "THIRTY ALL" (THE PUBLISHER OF THE "IMIMOTION" APPLICATION) SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE APPLICATIN AND ITS SERVICES, EVEN IF "THIRTY ALL" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL "THIRTY ALL"'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Prohibited Uses
By using the Imimotion application ("the Application"), you agree on behalf of yourself and your users, not to (a) modify, prepare derivative works of, or reverse engineer, the Application and its services; (b) knowingly or negligently use the Application in a way that abuses or disrupts other accounts, or the Application functionality; (c) transmit through the application any harassing, indecent, obscene, fraudulent, or unlawful material; (d) market, or resell the content generated by the Application to any third party; (e) use the Application in violation of applicable laws, or regulations; (f) use the Application to send unauthorized advertising, or spam; (g) harvest, collect, or gather user data without their consent; or (h) transmit through the Application any material that may infringe the intellectual property, privacy, or other rights of third parties.
Intellectual Property
You acknowledge that we or our licensors retain all proprietary right, title and interest in the Application and its Services, our name, logo or other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the Imimotion Marks or is similar to any of these.
User-Generated Content
The Application may contain information, text, links, graphics, photos, videos, or other materials ("Content"), including Content created with or submitted to the Application by you or through your Account ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to use the Application, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant "Thirty all" the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with "Thirty All". You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about "Thirty all" or our Application and Services that you provide to us are entirely voluntary, and you agree that "Thirty all" may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
Copyright Infringement
Since we respect artist and content owner rights, it is Thirty all's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Applicatin, please notify us via 'contact@thirty-all.com'. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit "Thirty all" to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Payment Clauses
You agree to pay all applicable, undisputed fees for the Services on the terms set forth by the respective store. We reserve the right to update the price for subscriptions at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes via the respective store.
Right to Terminate Accounts
If you fail, or "Thirt all" suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Terms and Conditions, "Thirty all" may, without notice to you: (a) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (b) terminate your subscription to the Application; and/or (c) preclude your access to the Application and its Services. "Thirty all" further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you and, to the full extent permitted by law, "Thirty all" will not be liable to you or to any third party should it exercise such rights. Termination will not affect the products that you have already acquired. However, you may be unable to authorize additional devices to use such products. You may cease to use the Service at any time.