(Last modified: January 13, 2020)
The Site is intended for individuals 18 years of age or older. By using or accessing the Site, you represent and warrant that you are at least 18 years of age, capable of forming a binding contract with Imaginable Futures (as defined below), and not otherwise barred from using the Site and Site Content under applicable law. If you are not at least 18 years of age or do not agree with the terms of this Agreement, do not use or access the Site.
- RIGHT TO USE. Subject to the terms and conditions of this Agreement, Imaginable Futures grants you the right to use the Site and the Site Content, in accordance with this Agreement. Please see the Copyright Notice posted on the Site and incorporated by reference herein for information regarding any additional license rights to Site Content. Any rights not expressly granted herein or in the Copyright Notice are reserved by Imaginable Futures and its third party licensors. Notwithstanding the foregoing, Imaginable Futures reserves the right to limit the availability of the Site and the Site Content to any person, group, geographic area or jurisdiction, at any time. If you access the Site from outside the U.S., you do so at your own risk and you are responsible for compliance with any local laws.
- CONDUCT. You agree that you will not:
- Use the Site or any Site Content for any unlawful purpose;
- Submit, post or transmit any defamatory, libelous, abusive, harassing, obscene, indecent, threatening or illegal material, or any material that infringes the intellectual property rights of others, to or through the Site;
- Use the Site or any Site Content to send unsolicited mass mailings, email, junk mail, "spam", chain letters or promotions or advertisements for products or services;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Forge any TCP/IP packet header or any part of the header information in any email, content/information/data submitted on or through the Site, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any Site user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Access, tamper with, or use, without authorization, non-public areas of the Site, Imaginable Futures’ computer systems or the technical delivery systems of Imaginable Futures’ providers;
- Attempt to probe, scan, or test the vulnerability of any system or network used for the Site or breach any security or authentication measures for such systems and networks;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content;
- Attempt to access or search or download the Site or Site Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Imaginable Futures or other generally available third party web browsers (such as Firefox or Internet Explorer);
- Impersonate or misrepresent your affiliation with any person or entity to Imaginable Futures or on or through the Site;
- Express or imply that any statement you make is endorsed by us, without our prior written consent; or
- Encourage or enable any other individual to do any of the foregoing.
- BUSINESS PLANS AND OTHER PROPOSALS. Imaginable Futures and its affiliates do not accept unsolicited business plans or other proposals, and take no responsibility and assume no liability if you submit any such business plan or proposal to Imaginable Futures or its affiliates. You acknowledge and agree that Imaginable Futures and its affiliates do not have any confidentiality or other obligations with respect to any such information or materials, regardless of whether such information or materials are marked or identified as confidential or proprietary.
Although Imaginable Futures is not responsible for your content or communications, Imaginable Futures may delete any such content or communications, at any time without notice to you or anyone else. You are solely responsible for any information that you submit or post on the Site. Imaginable Futures retains the right to deny access to anyone who Imaginable Futures believes has violated the terms of this Agreement. Imaginable Futures further reserves the right to investigate and prosecute violations of this Agreement, including intellectual property rights infringement and security issues, to the fullest extent of the law. Imaginable Futures may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
- COPYRIGHT POLICY. Imaginable Futures respects the intellectual property rights of others and expects users of the Site to do the same. It is Imaginable Futures’ policy to terminate in appropriate circumstances the access of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Imaginable Futures’ Copyright Policy at [insert link], for further information. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Imaginable Futures’ designated agent for notice of alleged copyright infringement appearing on the Site is:
General Counsel Imaginable Futures
1991 Broadway Suite 200 Redwood City, California 94063 ph: +1 (650) 482-2500
fax: +1 (650) 482-2525
Filing a notice of infringement with Imaginable Futures requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.
- COPYRIGHT. Imaginable Futures and/or its third party licensors, as applicable, retain ownership of all proprietary rights to the Site Content. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You will not remove, deface or obscure any copyright, trademark or other proprietary notices and/or legends of Imaginable Futures or its third party licensors on or incorporated into the Site Content.
- TERMINATION. You may terminate this Agreement at any time by providing written notice to Imaginable Futures. If you fail to comply with any term of this Agreement, Imaginable Futures may terminate this Agreement immediately without notice. Imaginable Futures also reserves the right to change the Site and the Site Content at any time, without notice and without liability or penalty to Imaginable Futures. All Sections, except Section 3, "RIGHT TO USE" shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Site and the Site Content.
- EXPORT RESTRICTIONS. You acknowledge that the Site and the Site Content may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Site, the Site Content or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
- INJUNCTIVE RELIEF. You acknowledge that any use of the Site or Site Content contrary to this Agreement may cause irreparable injury to Imaginable Futures, its affiliates and third party licensors, and under such circumstances Imaginable Futures, its affiliates and third party licensors will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
- NO WARRANTIES; INDEMNIFICATION. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" AND IMAGINABLE FUTURES, ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IMAGINABLE FUTURES, ITS AFFILIATES AND THIRD PARTY LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR OTHERWISE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS AT YOUR SOLE RISK. You agree to indemnify and hold harmless Imaginable Futures, its affiliates, officers, directors, employees, consultants, agents and third party licensors from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Site or any Site Content, your content, feedback or communications submitted to or through the Site, or your violation of this Agreement.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMAGINABLE FUTURES OR ITS AFFILIATES OR THIRD PARTY LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY SITE CONTENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF IMAGINABLE FUTURES, ITS AFFILIATES OR THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF IMAGINABLE FUTURES, ITS AFFILIATES AND THIRD PARTY LICENSORS EXCEED $50 OR THE AMOUNT ACTUALLY PAID BY YOU TO USE THE SITE (IF ANY), WHICHEVER IS GREATER, AND THIS AMOUNT SHALL BE YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR ANY SITE CONTENT. THE LIABILITY LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT OR THE INVALIDITY OF ANY OTHER PROVISION. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IMAGINABLE FUTURES AND YOU. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
- Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., without reference to its conflict of laws’ provisions. The parties consent to the exclusive jurisdiction and venue of the courts located in and/or serving San Mateo County, California, and you and Imaginable Futures each waive any objection to jurisdiction and venue in such courts.
- Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.