Effective Date: This policy was last updated November 1, 2019
Trademarks and Copyrights
IM Sites and all materials incorporated by IM on the Sites are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Characters, logos or other images incorporated by IM on the Sites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by others (“Trademarks”). IM respects the intellectual property rights of others and ask users of the Sites to do the same.
By posting to or otherwise engaging in any communication within the Sites, you are granting the Sites (or any of its assignees) a perpetual, royalty-free, and irrevocable right and license to use, publish, reproduce, modify, translate, transmit, distribute, publicly display, publicly perform, sublicense, syndicate, create derivative works from, print, transfer and sell any such information in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to Individually Me, Inc. that you have the full legal right, power and authority to grant to IM the license provided herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless IM, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to IM exercise of the rights granted herein.
Choice of Law and Forum
User Submissions and Conduct
You are responsible for your own posting and agree to access and use the Sites at your own risk on an as-is basis. Your posting should be truthful and accurate. Do not make postings that involve the following:
• Harassment, defamation, libel, threats, stalking, bullying, or violations of the legal rights of others
• Obscene, vulgar, bigoted, hateful, sexually explicit, negative, or racially offensive language or images
• Comments personally attacking the author of a post or subject matter content
• Commercial advertising
• Infringement of another’s intellectual property, including, but not limited to trade secrets, patents, trademarks and copyrights of any type
• Illegal activities
• Gambling, contests, chain letters, multi-level marketing or pyramid schemes
• Impersonation of any person or entity, or falsely states or misrepresents your affiliation with a person or entity
• Violations of any applicable local, state, national or international law in connection with your use of the Sites
IM does not endorse any Submissions or any opinion, recommendation, or advice expressed herein, and expressly disclaims any and all liability in connection with Submissions. IM does not undertake to monitor or review Submissions and the content of Submissions is not the responsibility of IM.
If you provide feedback to us regarding the Sites, content, or Submissions, you authorize us to use that feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the feedback for any purpose.
IM reserves the right to remove or modify any content and Submissions without prior notice or liability at any time.
Unauthorized use of the Sites in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
The Sites contain links to external, third party websites along with relevant commentary and IM does not guarantee, approve, or endorse the information or products available at these sites. IM does not operate or control the external websites and has no responsibility for the information, products and/or services found on any external website. Visitors to the Sites assume complete responsibility and risk in their use of any external websites.
The Sites may include un-moderated information containing the personal opinions and other expressions of the persons who post entries. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Sites or any Sites-affiliated person or entity.
The Sites and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, accuracy, reliability, or non-infringement.
IM does not warrant that the Sites will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of information obtained from or through the Sites are at your own risk.
IM is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Sites or any links; to your placement of content on the Sites; or to your reliance upon information obtained from or through the Sites or through links contained on the Sites.
If applicable law does not allow the exclusion of some or all of the Disclaimers to apply to you, the Disclaimers will apply to you only to the extent permitted by applicable law.
Limitation of Liability and Indemnification
IM does not accept any liability for any loss or damage resulting from any use of, or inability to use IM Sites, regardless of the basis upon which liability is claimed and even if IM has been advised of the possibility of such loss or damage. Without limitation, you assume the cost of all necessary servicing, repair or correction in the event of any such loss or damage.
If applicable law does not allow the exclusion of some or all of the Limitation of Liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
All images on the Sites are either licensed by IM, submitted by email or are readily available in various places on the Internet and believed to be in the public domain. Pursuant to our rights according to the United States Copyright Fair Use Act (Title 17) as amended by Title II of the Digital Millennium Copyright Act (“DMCA”), the Sites have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe your copyrights are being infringed, please fill out the Notice of Infringement (“Notice”) form below and mail to IM.
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
• 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 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 the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please send a separate Notice each time you would like to report alleged acts of infringement.
Notice of Infringement Form
Individually Me, Inc.
4350 Arville St.
Las Vegas, NV 89103
Dear Sir or Madam,
I, the undersigned, certify under penalty of perjury that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ______________________________________________________________ (“Owner”).
I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.
Location of the alleged infringing material:
Description of the infringing material:
Description of the copyrighted work that you claimed is infringed:
You may contact me at:
Street Address: _______________________________________________________________
City, State, Zip: _______________________________________________________________
(Text Pics For Color Verification)