Terms of Use

Effective Date: July 6, 2018

In Motion Design Inc. (“IMDI”, “we”, or “us”) is the owner of the IMDI Site. The IMDI Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by IMDI.

Portions of the IMDI Site may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by IMDI (“Registered Users”). Only Registered Users are authorized to access the restricted portions of the IMDI Site. Your use of the IMDI Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all the terms and conditions set forth in these Terms of Use. In addition, you hereby acknowledge and agree as follows:

License Grant

IMDI grants you a worldwide, non-exclusive, and non-transferable license to use the IMDI Site. You may download, view, copy, and print the Information incorporated in the IMDI Site solely for personal and authorized commercial use. The Information may not be transferred to, shared with, or disseminated with anyone for any purpose that is inconsistent with the purpose of the IMDI Site, to facilitate unfair competition with the IMDI Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms of Use. IMDI reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.

Restrictions

Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast, or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the IMDI Site. Unless separately and specifically authorized in writing by IMDI, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the IMDI Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the IMDI Site without the authorization of IMDI is strictly prohibited. You agree to use the IMDI Site and Information for lawful purposes only. You agree not to post or transmit any information through the IMDI Site which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable; (iii) is protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right; or (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark, or other proprietary right, or any other harm caused by your use of the IMDI Site or Information.

User Content

Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to IMDI on or in connection with the IMDI Site are submitted without any restrictions or expectation of confidentiality. IMDI shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. IMDI shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.

Responsibility for Content. IMDI does not screen, edit, or review material submitted by users. IMDI therefore accepts no responsibility or liability for any material which may reside in or is accessed by the IMDI Site other than IMDI Information. IMDI has no responsibility with respect to other sites.

User Linking. You may not link, upload, post, or transmit any illegal, obscene, offensive, or otherwise inappropriate material to the IMDI Site. Furthermore, you may not use any of IMDI’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the IMDI’s express written permission, which IMDI may withhold in its sole discretion. You may not link in any manner reasonably likely to: (i) imply affiliation with or endorsement or sponsorship by IMDI; (ii) cause confusion, mistake, or deception; (iii) dilute IMDI’s trademarks or service marks; or (iv) otherwise violate state or federal law.

Third-Party Links

The IMDI Site may contain links to other websites. These links are provided for informational purposes only, and IMDI does not sponsor or affiliate with any linked entity unless expressly stated. IMDI makes no representations and assumes no responsibility for your use of links provided on the IMDI Site. You agree to indemnify and hold IMDI and any of its related entities, board members, employees, agents, and representatives harmless from and against, and shall reimburse IMDI for any liability, damage, claim, loss, cost, or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by IMDI because of the material you link, upload, post, or transmit to the IMDI Site. IMDI has no duty to review or edit materials submitted by users. Any such materials may be removed by IMDI at any time for any reason whatsoever.

Modification

IMDI reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the IMDI Site.

Password Disclosure

You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions—or fail to take any actions—that could result in their unauthorized access and use of the IMDI Site or the Information. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by IMDI and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.

Technology

It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. IMDI is not responsible for your failure to use the recommended or compatible software.

Monitoring

You acknowledge that IMDI reserves the right to, and may from time to time, monitor all Information transmitted or received through the IMDI Site. IMDI, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which IMDI deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the IMDI Site, authorized or unauthorized, constitutes consent to such monitoring.

Export Controls

Your use of the IMDI Site will comply with all applicable laws, rules, and regulations that govern the export of technical data.

Privacy and Consent to Share Certain Information

To view our Privacy Policy, click on the “Privacy Policy” hypertext link located at the bottom of the IMDI Site.

Children

The IMDI Site is intended for adults 18 years or older. You are not permitted to use the IMDI Site if you are under the age of 13. By using the IMDI Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the IMDI Site or to attempt to contact children under 13 through the IMDI Site.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the IMDI Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action will be forever barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to attorneys’ fees and costs. In the event of any controversy or dispute between IMDI and you arising out of or in connection with your use of the IMDI Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Disclaimer of Warranties

You acknowledge and agree that no warranties of any kind are made with respect to the IMDI Site, IMDI Mobile Apps, IMDI Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the IMDI Site are compiled from sources that are beyond the control of IMDI. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that IMDI and its licensors do not warrant the accuracy or suitability of the information.

FOR THIS REASON, YOU ACKNOWLEDGE THAT THE IMDI SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. IMDI DOES NOT WARRANT THAT THE IMDI SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. IMDI EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMDI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE IMDI SITE, IMDI MOBILE APPS, IMDI INFORMATION, OR OTHER SITES, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. Under these Terms of Use, you assume all risk of errors and/or omissions in the IMDI Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD IMDI HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

Limitation of Liability

Except where prohibited by law, in no event will IMDI or its employees, agents, licensors, or contractors be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if IMDI has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, IMDI is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the IMDI Site, IMDI’s liability shall in no event exceed the greater of: (1) the total amount you paid for any product and/or service on the IMDI Site in the six months prior to the date you made your initial claim against IMDI; or (2) $100.00.

Severability

Whenever possible, each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms of Use. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

Indemnification

You agree to defend, indemnify, and hold IMDI and its employees, agents, licensors, or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including but not limited to reasonable attorneys’ fees and costs), whether or not involving a third-party claim, which arise out of or relate to your use of the IMDI Site, including without limitation, your violation of these Terms of Use, in each case whether or not caused by the negligence of IMDI or its employees, agents, licensors, or contractors and whether or not the relevant claim has merit.

If any third-party claim is brought, IMDI has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If IMDI exercised this option, you agree to cooperate with it in asserting any available defenses.

Copyright, Patent, and Trademark Notice

Copyright 2018 In Motion Design Inc. All rights reserved. The IMDI Site and Information is the valuable, exclusive property of IMDI or its licensors and nothing in these Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms of Use, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without IMDI’s prior written consent. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portions of the Information, including IMDI’s associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of IMDI. All other product names and company logos mentioned on the IMDI Site or Information are trademarks of their respective owners.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights have been infringed, you may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
In Motion Design Inc.
7314 Madison St
Paramount, CA 90723
phone: 1-888-727-2476
email: legal@in-motion-design.com

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Entire Agreement

The Terms of Use constitute the entire agreement between you and IMDI. This agreement may not be modified except by IMDI.