Welcome to imeem! imeem is the online social network for creating, sharing and discovering all forms of digital media. The imeem service is available through our Web site, located at http://www.imeem.com.

NOTICE TO USER: These terms of use outline your rights and responsibilities as a user of the imeem service. You retain all rights in any media or content you create and present on imeem. Any audio that you upload to the imeem service will be filtered by an audio fingerprint filtering system that prevents registered audio content from being full-length streamed to any users other than the user that uploaded it. To register your audio content, please go to www.snocap.com. You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on imeem. imeem will not tolerate known infringements or misbehavior by its users. It is imeem's policy to terminate the accounts of known repeat infringers.

THIS IS A CONTRACT. By using or visiting this web site (collectively, including all Member Content available through the imeem.com domain name, the "imeem Site" or "Site") or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

imeem does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its site from persons under 13 years of age, and no part of our site is directed to persons under 13.  No one under age 13 is allowed to use the site or provide any personal information to or on our site.  If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the site at any time or in any manner.  If you believe that we might have any information from or about a child under 13, please contact us at info@imeem.com.

If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use imeem, and you must have a parent assist in the completion of registration.  In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in imeem’s terms of service, and to abide by and comply with imeem’s terms of service.

This imeem Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and imeem. This document describes the terms and conditions that cover the use of the imeem service ("Service") and the imeem Site, available at http://www.imeem.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of imeem. You can find the most recent version of this Agreement at http://www.imeem.com/legal/terms.aspx, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the imeem Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info@imeem.com

1. Use of the Site and Service
   
   
   1. Your Account

      Once you register for the Service, you will have a username, password and an account with a custom URL. Please note that imeem may opt to disallow or remove a particular username or custom URL at its sole discretion. You may never use another's account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify imeem of any unauthorized use of your account or any other breach of security known to you. Although imeem will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of imeem or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, imeem reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

   2. imeem's Intellectual Property Rights

      All content (with the exception of Member Content, as defined below) of the imeem Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2005-08 imeem, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of imeem and/or its suppliers, affiliates, or licensors. All rights reserved.

      imeem, imeem.com, the imeem tagline and the imeem logo are, without limitation, trademarks, service marks or registered trademarks of imeem, and may not be copied, imitated, or used, in whole or in part, without imeem's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

      imeem may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

   3. Member Content

      imeem does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the imeem Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not imeem, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Service. To the extent that imeem provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, imeem, its contractors, and the users of the imeem Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the imeem Site or Service. This license does not grant imeem the right to sell Member Content or otherwise distribute it outside of imeem's Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of imeem’s Site or Service.

      Member Content posted by users and other non-imeem contributors are generally not reviewed by imeem. Accordingly, imeem does not guarantee the accuracy, integrity or quality of such Member Content. imeem will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that imeem, in its sole discretion, deems to be (a) inconsistent with imeem's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, imeem has the right to remove any content if imeem has reason to believe that displaying such content may infringe the rights of a third party or subject imeem to expense or liability. Please notify us at violations@imeem.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

      imeem reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit imeem's response to a future complaint. You acknowledge and agree that imeem will not assume or have any liability for any action or inaction by imeem with respect to any Member Content.

   4. Copyrights, Trademarks, Patents and Intellectual Property Rights on Member Content

      You acknowledge that Member Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. imeem respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on imeem. imeem will not tolerate known infringements or misbehavior by its users. It is imeem's policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.

      If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify imeem's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at violations@imeem.com, or imeem, inc. c/o Copyright Agent, 139 Townsend St., 4th Floor, San Francisco, CA 94107.

      Please provide our Agent with the following Notice:

      • Identify the copyrighted work or other intellectual property that you claim has been infringed;
      • Identify the material on the imeem service that you claim is infringing, with enough detail so that we may locate it on the service;
      • 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;
      • A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
      • Your address, telephone number, and email address; and
      • Your physical or electronic signature.

      imeem's Agent will forward this information to the alleged infringer

   5. Standards of Conduct

      We reserve the right to terminate an account when the user's expression infringes on imeem's or other users' rights, including intellectual property and privacy rights. Loss of your account for any reason, including but not limited to violations of the Standards of Conduct, may result in the loss of products and services purchased by or for such account, without the right to recompense. We may also limit the conduct of users that users find objectionable. Without limitation, imeem reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the imeem Site from time to time:

      1. You will not use imeem for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.
      2. You will not use imeem for any activity that constitutes harassment.
      3. You will not attempt to interfere with any other person's use of the Site or Service.
      4. You will not use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.
      5. You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.
      6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.
      7. Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with imeem.
      8. You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
      9. You will not use the Site or Service to collect or harvest personally identifiable information, including account names.
      10. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
      11. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
      12. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful to minors in any way.
      13. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available 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 or hardware or telecommunications equipment.
      14. You will not attempt to gain unauthorized access to imeem's database or other computer systems or to circumvent, disable or otherwise interefere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.
      15. You will not reformat or frame any portion of the Web pages that are part of the Site.
      16. You will not use imeem for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.
      17. You will not use the Site or Service or any information contained within for commercial gain. However, imeem reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.

      All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of imeem.

   6. Violations of Agreement

      You may report violations of the imeem standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to violations@imeem.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. Representations and Warranties

   By completing the membership registration process, you are representing and warranting that:

   1. You are over the age of majority and can form a legally binding contract under applicable law.
   2. You have provided true, accurate, current and complete information about yourself as prompted in the registration process.
   3. You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with imeem and other users and will abide by the rules set forth by imeem or the community.
   
   
3. Third Party Content, Sites, and Services

   The Site and/or Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.

4. Privacy and Security

   imeem has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.imeem.com/legal/privacy.aspx

   Your use of the Site and/or Service signifies acknowledgment of and agreement to imeem's Privacy Policy. You further acknowledge and agree that imeem may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of imeem, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

   Users are solely responsible for the privacy of their own Member Content. The Site and Service are designed for users to use privacy settings to determine the visibility of data throughout the Service, and to limit its spread to other systems.

   imeem uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private Member Content or personal information.

5. Terms of Sale

   Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from imeem. By ordering products or services from imeem through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in imeem's sole discretion so you should review the Terms of Sale each time you make a purchase.

6. Disputes

   If there is a dispute between users or between users and any third party, you understand and agree that imeem is under no obligation to become involved. In the event that you have such a dispute, you hereby release imeem, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

7. Disclaimer of Warranty

   imeem intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, imeem may make changes and improvements to the information provided herein at any time.

   IMEEM PROVIDES THE SITE AND SOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IMEEM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IMEEM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, IMEEM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

8. Limitation of Liability

   UNDER NO CIRCUMSTANCES WILL IMEEM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IMEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SITE. SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IMEEM’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO IMEEM FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

9. Indemnification

   You agree to indemnify and hold imeem, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Site or Service, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold imeem harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

10. Term and Termination

    The term of this Agreement will commence when you register for the Service and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and Service.

    You agree that imeem, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Service, for any reason, including, without limitation, if imeem believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that imeem will not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site or Service after said termination. Sections 5-12 will survive termination of this Agreement.

11. Modifications

    imeem reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at imeem's sole discretion. The most up to date version of this Agreement will be posted on the imeem Site at: http://www.imeem.com/legal/terms.aspx

    As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

    You acknowledge that imeem reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that imeem will not be liable to you or to any third party for any such modification, suspension or discontinuance.

    Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with imeem in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify imeem of termination.

    Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use.

12. General

    This Agreement constitutes the entire agreement between you and imeem and governs your use of the Site or Service, superseding any prior agreements between you and imeem. This Agreement will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Use will be filed in a court of competent jurisdiction sitting in San Francisco County, California. Both parties consent to exclusive jurisdiction in that county. The failure of imeem to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    imeem may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to imeem in writing via email or as otherwise expressly provided by imeem. imeem may broadcast, distribute or display notices or messages on the Site or through the Service to inform you of changes to imeem, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.