IMQR Terms of Service
IMQR.com is an online resource and tool for self-promotion for people in the entertainment industry. IMQR provides the necessary functionality to promote and share one’s career through IMQR’s proprietary interactive, multi-media, software. This Agreement refers to User submitted content including videos, text and images collectively as “User Submissions.”
- Your Acceptance
- By accessing or using this website (collectively, including all content and functionality available through the IMQR domain name, the "IMQR Website", or "Website"), you signify that you have read, understand and agree to be bound by: (1) these terms and conditions (the "Terms of Service" or “Agreement”), (2) IMQR’s Privacy Notice and User Guidelines are incorporated herein by reference, in their entirety. If you do not agree to any terms of the Agreement, the IMQR Privacy Notice, or the Community Guidelines, please do not use the IMQR Website.
- You may access IMQR Content, User Submissions and other content on the IMQR Website only as permitted under this Agreement.
- IMQR may, in its sole discretion, modify or revise these Terms of Service and policies at any time. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most recent version at http://www.IMQR.com/termsofservice. Your continued use of the IMQRWebsite after any such changes signifies your acceptance of the new Terms of Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- These Terms of Service shall apply to all users of the IMQR Website, including users who contribute User Videos, User Comments and other materials or services on the Website.
- IMQR Website
- These Terms of Service shall apply to all aspects of the IMQR Website including, but not limited to, all products, software and services offered via the Website.
- The IMQR Website may contain links to third-party websites that are not owned or controlled by IMQR. IMQR has no control over, cannot censor or edit the content of, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly release IMQR from any and all liability arising from your use of any third-party website.
- You understand that when using the IMQR Website, you will be exposed to User Submissions from a variety of sources, and that IMQR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IMQR with respect to such materials, and agree to indemnify and hold IMQR, its Owners/Operators, affiliates, licensors, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the IMQR Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right including, without limitation, any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IMQR Website. You agree to hold Source 440 harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- IMQR reserves the right to discontinue any aspect of the IMQR Website at any time without obligation to or recourse by any User.
- IMQR Accounts
- In order to access most features of the Website, you will have to create a IMQR account. You agree never to use another's account without permission. In consideration of your use of the Website, when creating your account, you must provide accurate and complete information, and promptly update any account information that has changed. You are solely responsible for the activity that occurs on or through your account, and you agree to keep your account password secure. If you learn of any breach of security or unauthorized use of your account, you agree immediately to inform IMQR and immediately to take all steps necessary to change your account password.
- You agree that IMQR will not be liable for any losses you might incur that are caused by any unauthorized use of your account. You understand that you may be liable for the losses of IMQR or others due to such unauthorized use.
- General Use of the Website—Permissions and Restrictions
IMQR hereby grants you permission to access and use the Website subject to the following terms and conditions:
- You agree not to copy or distribute, in any medium, any part of the Website including, but not limited to, User Submissions submitted by users other than you, without IMQR's prior written authorization.
- You agree not to alter or modify any part of the Website or any of its related technologies, including by circumventing, disabling or otherwise interfering with security-related features of the IMQR Website or features that prevent or restrict use or copying of any Content or features that enforce limitations on use of the IMQR Website or its Content.
- You agree not to access User Submissions or IMQR Content through any technology or by any means other than the video playback pages of the Website itself or other means authorized by IMQR.
- You agree to make no commercial use of any part of the Website or its content without the prior written authorization of IMQR.
- You agree not to access the Website using any automated system including, without limitation, "robots," "spiders," or "offline readers," in a manner that sends more request messages to the IMQR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personal identification information, including account names, from the Website. You further agree not to use the communication systems provided by the Website (e.g. comments, email) for any solicitation purpose whether commercial or otherwise.
- Notwithstanding the foregoing, IMQR grants the operators of public search engines limited permission to use spiders to copy only such portions of the site necessary to create, and for the sole purpose of creating, publicly available, searchable indices of the materials, but not caches or archives of such materials. IMQR reserves the right to revoke these exceptions either generally or in specific cases.
- In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, IMQR User Guidelines, and all applicable local, national, and international laws and regulations.
- Your Use of Content on the In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the IMQR Website:
- The IMQR Content and the trademarks, service marks, logos, designs and page headers including, but not limited to, the IMQR trademark ("Marks") are owned by or licensed to IMQR, subject to copyright and other intellectual property rights under the law. IMQR Content is provided to you AS IS for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of IMQR and/or its licensors.
- Your access and use of User Submissions are restricted by the following terms:
- You may access User Submissions solely for your information and personal use;
- You may access User Submissions solely as intended through the normal functionality of the IMQR Service by means of Streaming technology provided on the IMQR Website; and
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Website for any commercial purposes
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the IMQR Service. User Comments are made available "as is." No portion of the User Comments may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the IMQR Service or otherwise prohibited by this Agreement.
- Your User Submissions and Conduct
- As a IMQR account holder you may submit video content ("User Videos"), textual content ("User Comments"), static images (“User Images”), and/or audio files (“User Audio Files”). User Videos, User Comments, User Images and User Audio Files are collectively referred to as "User Submissions.” IMQR does not guarantee any confidentiality with respect to any User Submissions whether or not such User Submissions are published on the IMQR Website.
- You shall be solely responsible for the content of your own User Submissions and the consequences of posting or publishing them on the Website. In connection with User Submissions, you affirm, represent, warrant and agree that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize IMQR to use, all patent, trademark, trade secret, copyright or other proprietary rights disclosed or incorporated in or used by any and all User Submissions;
- you will not submit, post, transmit or share any materials of any kind that violate or infringe upon the intellectual property, privacy, publicity or other rights of any third party, or contain libelous, defamatory or otherwise unlawful material;
- you will not submit material that violates local, national, and international laws and regulations or the IMQR User Guidelines as they exist as of the date on which you submit the material. The IMQR User Guidelines are posted at IMQR.com/Legal/Guidelines
- By submitting User Submissions to IMQR, you hereby grant IMQR a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the IMQR Website and IMQR's (and its successors' and affiliates') business including, without limitation, for promoting and redistributing part or all of the IMQR Website (and derivative works thereof) in any media format and through any media channel. You also hereby grant each user of the IMQR Website a non-exclusive license to access your User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions are perpetual and irrevocable.
- IMQR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IMQR expressly disclaims any and all liability in connection with User Submissions.
- IMQR does not screen or monitor the content of User Submissions, or pass upon the legality of such content. Nevertheless, IMQR does not permit the infringement of intellectual property rights, including the infringement of copyrights owned by third parties, on the Website, and will remove any User Submission containing infringing content if properly notified of such content and the bases for the claim of infringement using the procedures set forth in Section 8, below.
- IMQR reserves the right to remove any Content and/or User Submissions for any reason, without prior notice. IMQR may remove User Submissions that, among other things, fail to comply with these Terms of Service, violate the intellectual property rights of others, contain pornographic, obscene or defamatory material, or are excessive in length. IMQR may remove such User Submissions and/or terminate a User's ability to upload such material at any time, without prior notice and in the sole discretion of IMQR.
- Account Termination Policy
- IMQR reserves the right to terminate any user's access to the IMQR Website for any reason, without prior notice. The limited license to access the IMQR Content granted herein is revocable at any time without notice and with or without cause.
- Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
IMQR's designated Copyright Agent to receive notifications of claimed infringement is: Samuel Burton email: copyright@IMQR.com
Only DMCA notices should be sent to the Copyright Agent. All other feedback, comments, requests for technical support, or other communications should be directed to IMQR Customer Service through http://www.IMQR.com/contact You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid, and IMQR will be under no obligation to remove material identified therein.
- Counter-Notice. If you believe that IMQR removed or disabled access to your User Submission pursuant to a DMCA Notice and that the removed or disabled User Submission is non-infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice to the Copyright Agent containing the following information:
- Your physical or electronic signature;
- 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;
- 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
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, 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 the Copyright Agent, IMQR may send a copy of the counter-notice to the original complaining party informing that person that IMQR 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 IMQR's sole discretion.
- Warranty Disclaimer and Limitation of Liability
- You agree that your use of the IMQR Website shall be at your sole risk. You specifically acknowledge that IMQR shall not be liable for User Submissions or the defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permitted by law, IMQR, its officers, directors, employees and agents hereby disclaim all warranties, whether express or implied, in connection with the Website and use thereof. IMQR does not assume responsibility for, warrant, endorse, or guarantee any product or service advertised or offered by a third party through the Website or any hyperlinked website. Source 440 is not responsible for monitoring any transaction between you and any third party providers of products or services. IMQR makes no warranties or representations about the accuracy or completeness of the Website’s contents, or that of any sites linked or linking to the Website.
The following limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall IMQR or its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any: (i) personal injury, loss or
damages of any kind whatsoever resulting from your access to and/or use of the Website, or as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Website; (ii) unauthorized access to or use of IMQR’s servers and/or any and all personal information stored therein; (iii) “bugs,” computer or software viruses, “trojan horses” or other malignancies that may be transmitted to or through the Website by any third party (iv) errors, mistakes or inaccuracies of content; and/or (v) interruption or cessation of transmission to or from the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not IMQR is advised of the possibility of any such damages.
The Website is controlled and offered by IMQR from its facilities in the United States of America. IMQR makes no representations that the IMQR Website is appropriate or available for use in other locations. Those who access or use the IMQR Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
- These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IMQR without restriction.
- You agree that: (i) the IMQR Website shall be deemed to be based solely in California; and (ii) the IMQR Website shall be deemed a passive website that does not give rise to personal jurisdiction over IMQR, either specific or general, in jurisdictions other than California. You agree to submit to the personal jurisdiction of the courts of Los Angeles County in Los Angeles, California with respect to any dispute between you and IMQR. These Terms of Service shall be governed by the laws of the State of California. Any claim or dispute between you and IMQR that arises in whole or in part from the IMQR Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.IMQR.com/privacyrocks and any other legal notices published by IMQR on the Website, shall constitute the entire agreement between you and IMQR concerning the IMQR Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and IMQR's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. IMQR reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the IMQR Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and IMQR agree that any cause of action arising out of or related to the Website must commence
within one (1) year after the cause of action accrues. Any cause of action not commenced within one (1) year after the cause of action accrues shall be permanently barred.
- IMQR Content: IMQR Content shall include, without limitation, all designs, text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and other files, and their selection and arrangement, on the IMQR Website other than User Submissions.
Streaming: "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the IMQR Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Submissions: “User Submissions” is defined as content uploaded to the IMQR Website by users, including video content ("User Videos") and textual content ("User Comments").