IMESH End User License Agreement
Effective as of November 11, 2009
These terms constitute your license agreement. Please read it and don't wait for the movie version. This is a legal contract between you and iMesh, Inc. ("iMesh") that governs your use of iMesh's online music services available at www.imesh.com consisting of the iMesh subscription service (the "Subscription Service") and the iMesh download sales service (the "Download Service", together with the Subscription Service, constitute the "Service"). This document, together with all updates, additional terms, software licenses and all of iMesh's rules and policies, collectively constitute the "Agreement" between you and iMesh. We recommend you grab a glass of water before reading the rest. To agree to these terms, click "AGREE" where indicated. If you do not agree to these terms, do not click "AGREE," and do not use the Service. If you're not sure, think about it a little and then decide. But you have to decide. Our lawyers worked hard to make this contract understandable. We wanted to take this opportunity and say "Thank you".
Let's go. Stand clear of the closing doors.
This Service is available for individuals aged 13 years or older. You must, however, be at least 18 years of age to enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By clicking "AGREE", you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not click "AGREE" and do not attempt to access the Service. If you check this Agreement for one service, you take full and absolute responsibility for all compliance with all changes or alterations to the Service, including monthly charges and other fees that will be applied if the Service is changed. iMesh does not have to seek separate approval for each charge, fee, Download (as defined below), upgrade or change in software. Parents or adults entering into this Agreement on behalf of a minor are specifically referred to the "Explicit Content" section below, and to become familiar with our filtering features.
DESCRIPTION OF SERVICE
The Service allows you to find and listen to Samples (as defined below) and obtain downloads of sound recordings and related digital content ("Song(s)"). To access the Service, you will need to install or activate from time to time the iMesh proprietary (isn't this a cool word?) software application and you may also be required to install other software(s) made available through the Service You may also need to install certain third-party software. (collectively this software is called the "Software")- You are responsible for any hardware, systems and/or software program(s) you use and any costs to connect to or use the Internet, or power your computer. Drink milk.
By now you are probably asking yourself, "what is a Sample?" Well, here it is - a "Sample" is a portion of a Song or, in some cases, an entire Song that you can play directly from and while logged on to the Service on a promotional basis at no cost to you. You may play as many samples as you want.. In fact, you can even go to bed listening to these Samples. You may not attempt (or support others' attempts) to capture, copy, or download a Sample. Please be nice to our Samples, they are very sensitive. The Service, the Software and the Songs are only for your personal, non-commercial use.
The Download Service is free to access but entails a fee every time you purchase a Song.
The Subscription Service is free during the introductory period. Upon expiration of the introductory period, we'll ask you to reach for your credit/debit card and pay. If you decide not to make the payment at the end of the introductory period, we will still offer you a lot of free content but the iMesh premium ("iMesh Premium") content, which you may recognize in the iMesh application, will no longer be playable. If you decide to subscribe to the Subscription Service, thereby gaining access to all the iMesh Premium content, you will be charged on a recurring basis for your continued Subscription Service membership at iMesh's standard rates. As a subscriber, you may download an unlimited number of Songs while your Subscription Service is current. If iMesh does not receive the payment of your Subscription Service fee on a timely basis for any given month, your Subscription Service will be suspended, your downloaded Songs through the Subscription Service will be inaccessible for as long as your Subscription Service is suspended. The content you downloaded for free (non Premium content) will remain accessible while your Subscription Service is suspended.
DIGITAL RIGHT MANAGEMENT
Microsoft (the "I'm a PC" guys) asked us to include this paragraph. We are using the Microsoft digital rights management technology for Windows Media ("WM-DRM") to protect the integrity of content in the Subscription Service ("Secure Content") so that intellectual property, including copyright, in such content is not misappropriated. Portions of this software and other third party applications ("WM-DRM Software") use WM-DRM to transfer or play Secure Content. If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may require that Microsoft revoke the WM-DRM Software's right to copy, display, transfer, and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this software ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. Someday we won't need DRM. Until then, we hope you enjoyed this paragraph...
USE OF SERVICE
Once you have downloaded a Song via the Subscription Service, you may save that Song to the hard drives of up to 3 of your personal computers and play back at any time and as many times as you want. You may not share downloaded Songs with anyone else. Any security technology that is provided with a Song is an inseparable part of the Song. Please don't try to separate them. They really like each other.
If you have purchased/permanently downloaded Songs, it is your responsibility not to lose, destroy or damage them. iMesh shall have no liability to you in the event of any such loss, destruction, or damage of Songs. You may burn a single Permanent Download to a CD or transfer to a device an unlimited number of times. The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in the Songs or any works embodied in them. Don't cheat.
Permanent Download Fees. Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale. You do not need to be a subscriber to the Subscription Service in order to buy Permanent Downloads. The charges for Permanent Downloads are indicated on the Site with respect to each Permanent Download, whether sold individually or as part of an album. All payments for Permanent Downloads (including any applicable taxes) must be made by credit card. Prices for Permanent Downloads are subject to change without notice.
While you are logged on to the Service, you may download and play as many Songs directly from the Service as you like while your subscription is current. You may not attempt (or encourage others) to capture, copy, or download a Song played directly from the Service. iMesh will count the number of times that you play each downloaded Song for royalty accounting and analysis purposes. iMesh automatically renews your rights to all of your downloaded Songs at the beginning of each subscription month so long as your subscription remains current. This means that in order to play any downloaded (but not purchased) Song after the end of a subscription month, you must log on to the Service so that iMesh can renew your rights for those Songs. You will have access to Songs purchased via the Download Service for as long as you retain the files.
For a current list of portable devices that are compatible with the Service, please see: http://www.imesh.com/devices.shtml. iMesh's ability to offer portable device compatibility is subject to change at any time with respect to any content.
Importing Songs. You can use the iMesh Software to import certain song files that you have obtained independent of the Service and play them using the Software. iMesh does not represent or guarantee that the Software will successfully import or support any song files that are not downloaded or purchased using the iMesh Service. Further, iMesh does not purport to grant you any rights to use any such song files. Put simply, as an iMesh user you agree to respect copyrights in the Songs import. Don't use iMesh to steal music! If you violate the copyright laws or any other intellectual property laws, fines or criminal charges may be brought against you. You may even go to jail. Do you really want to go to jail? They may not let you take your iMesh with you.
Loss of Rights by iMesh/Change in Service. iMesh may at any time lose the right to make certain Songs available to you. In such event, you will no longer be able to access/obtain these Songs via the Subscription Service. In addition, in the event that MediaNet, iMesh or any of their licensors changes any part of the Service or discontinues the Service (or any part thereof), which MediaNet, iMesh or their licensors may do at their election, you may no longer be able to use Content to the same extent as prior to such change or discontinuation, Neither MediaNet nor iMesh shall have any liability to you in such case. Availability of any Content is subject to change at any time. Notwithstanding any other provision of this Agreement, iMesh, MediaNet, and their licensors reserve the right to change, suspend, remove, or disable access to any products, Content, or other materials comprising a part of the Service or Site at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such products, Content or materials under this Agreement. MediaNet and iMesh and their licensors may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
Delivery of Songs. On occasion, technical problems may delay or prevent delivery of Songs to you. Your sole remedy with respect to Songs purchased by you that are not delivered will be either replacement of such Songs or refund of the price paid for such Song, at iMesh's discretion.
Customer Support. Please direct any questions concerning the Software, the Service, billing and/or usage rules to an iMesh customer service representative by contacting us from: http://support.imesh.com. Questions about the meaning of life, the universe and everything should not be directed to iMesh. We are totally clueless.
Instant Messaging and Public Areas. iMesh is a community. Most of the people in the community are nice. You all should read this, but this is especially for those of you who choose not to be nice. The iMesh Software makes it possible to send and receive "instant messages" ("Instant Messaging") within the iMesh community. The Service may have features that will allow you to exchange messages with other members that will not be private and will become publicly available, and may be accessed by anyone (via "Public Areas"). You may elect not to receive any instant messages or to block the reception of messages from a specific iMesh user by using the "block user" function. iMesh may, but is not obliged to, monitor any activity or edit or remove any content from the Public Areas. iMesh may, but is not obliged to, restrict your use of Instant Messaging. Be polite to other users. Eat your vegetables. Wear sunscreen. iMesh takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other iMesh user may post in a Public Area or otherwise makes available or send or receive from another iMesh user over Instant Messaging.
Restrictions. You may not use the Software, the Service, including Instant Messaging, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that iMesh may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If iMesh's use of such content exploits any proprietary rights you may have in such material, you agree that iMesh has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
All rights not expressly granted to you in this Agreement are reserved to iMesh and/or its licensors, including but not limited to MediaNet, Inc.
NOTICE AND PRICE CHANGES
iMesh may from time to time modify these terms, including the pricing arrangements, and will post a copy of the amended Agreement at http://www.imesh.com/eula.shtml. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service or, if applicable, cancel your Subscription Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service, or any part of it, after any amendments go into effect. All prices for Songs, products or subscription related services within the Service are subject to change by iMesh at any time.
You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. iMesh shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account.
Agreement to Pay. You agree to pay for the Service and all Songs that you purchase through the Service and iMesh may charge your credit card for any such payment(s). iMesh may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. By completing the Subscription Service registration, you authorize iMesh to charge the applicable subscription fee to your designated credit card on a recurring basis. Subscribers are billed at the end of each term of service and if applicable at the end of a free trial promotional period. iMesh will continue to bill you at the end of each term as this is a recurring contract unless you notify us otherwise by canceling your service during a valid cancellation period based on the term of your subscription. Monthly subscribers are billed on a 30-day cycle, which begins upon Subscription Service registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "Subscription Month"). You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "my account" area of our Service. Just to make sure we have your money, we will bill you in advance for subscriptions and purchases will not be completed until the charge is processed.
"Cancellation. You can cancel your subscription by delivering notice to iMesh by sending an e-mail notification through our form at http://support.imesh.com. iMesh will reasonably attempt to return a cancellation confirmation to your email address. You should retain this confirmation as a record of your cancellation. If you cancel your subscription, iMesh will not refund any remaining portion of your subscription fees."
Electronic Contracts. You agree that any submissions you make for electronic purchases or subscriptions constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases or subscriptions. Your intent and agreement to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Service, including notices of cancellation, policies, contracts, and applications. To the extent that any electronic purchases are offered to you by a third party on or through the Service, you acknowledge that iMesh shall not be responsible or liable to you for the products or services purchased.
The Service may offer for sale MP3s of SONY BMG products. MP3s of SONY BMG products offered for sale and sold by the Service are being offered and sold directly by SBME Digital LLC via us as an agent of SBME Digital LLC.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that iMesh shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" (as defined at https://www.riaa.com/toolsforparents.php). The RIAA assigns the Parental Advisory Label to an entire album and not the individual songs on the album. All Songs from such labeled albums will be labeled as "explicit" within the Service ("Stickered Tracks"). If any of your searches on the Service return Stickered Tracks, they will be identified as such in the search results area. During registration, you may elect to filter out Stickered Tracks from your search and browse results within the Service. You may change that election at any time. You may also elect to create a "Parental Control Password" (which can be different from your registration password) by clicking on the applicable link and following the directions presented. Note that Songs that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. iMesh shall have no liability or responsibility to you for any content or materials, including Stickered Tracks, that may be available in connection with the Service that you might find objectionable.
iMesh also features Search-Results toolbar ("SRT"), an Internet Explorer and Firefox Toolbar. Should you choose to install SRT, a toolbar will be added to your Internet Explorer and Firefox. SRT will help you search iMesh and the Internet. SRT may be easily uninstalled by going to Windows Add/Remove programs. SRT does not collect any personally identifiable information. Nada.
You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, photos, images, sound, graphics or other materials ("Content") made available or accessible through SRT, associated web sites ("Web Sites") or associated services ("Services"), whether publicly available or privately transmitted, is the sole responsibility of the person or entity from whom it originated. Content made available or accessed through SRT is the property of the applicable Content owner and may be protected by applicable laws including without limitation those relating to copyrights, patents, trademarks, trade secrets or other proprietary rights. This Agreement gives you no rights to such Content.
iMesh respects and expects its users to respect the rights of copyright holders. Upon notice, iMesh will act appropriately to remove Content under our control that infringes the copyright rights of others. iMesh reserves the right to disable the access to SRT, Web Sites or Services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our Web Sites or Services contain elements that infringe your copyright rights, please follow our Notice and Procedure for Making Claims of Copyright Infringement contained in the Notices Section below.
All Content is copyrighted as a collective work under the U.S. copyright laws, and iMesh owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The iMesh Software and SRT names and logos are trademarks of iMesh, Inc. All other trademarks appearing on the Service and Web Sites are trademarks of their respective owners. iMesh's partners may also have additional proprietary rights in the content that they make available through the Web Sites and Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
You understand and agree that by using SRT and Services, such as by clicking through to a third-party website by following a search results link, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will iMesh be liable in any way for any Content created by or originating with entities other than iMesh, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of SRT or Services.
SRT is exposed to various security issues, and should be regarded as non-secure. By accepting this Agreement, you acknowledge and accept that SRT, and any information you download or offer to share by means of SRT, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as non-secure. You accept all responsibility for such security risks and any damage resulting therefrom.
Currently, the Download Service and Subscription Service are only available to residents of the United States and Canada (the "Territory"). If you're located outside the Territory, you may use the Software, but you may not sign up for, access, or attempt to access or use the Download Service or Subscription Service. In the future, we'll work to extend the Service to other locations. Antarctica residents - don't hold your breath (you may suffocate).
Welcome to iMesh. We want you to know that we respect your privacy and that we value your business. This privacy statement covers the iMesh software, Search-Results Toolbar and the iMesh website (www.imesh.com). In order to ensure your privacy we want you to know the details of what information we collect and what we do with it.
iMesh takes your privacy very seriously. In order to provide you with the highest quality service, we do collect certain information from you in accordance with the following guidelines.
In order to provide you with excellent service and a superior customer experience iMesh has several areas where you can submit information to us and we also have features that automatically collect information from users of our service. Some of the information you may choose to provide includes personally identifiable information such as your name, address, email, age, gender and interests. In addition, we may collect information linked to your communications preferences, your payment and billing information, your searches and purchases, music you own, your music listening preferences, your library, play lists, most played artists and other requested information on surveys that are presented to you.
Cookies and Other Technology:
We may as part of the sign-in process for our service or within our shopping module, use what are commonly called "persistent" cookies which stay with you after your session is over and you are offline. We may use these cookies in connection with a sign-in feature that allows you to save your member name and password so that the next time you sign in, these fields will be pre-populated for you. If we make this cookie available, it can only be activated if you select that option during your sign-in. If you select that option you can always deselect it each time you sign-in.
While you download and install iMesh, Web beacons may be used to monitor your progress through the installation process. These Web beacons are used to identify and correct problems with the installer program and to improve the installation process.
We sometimes utilize third party service providers to help us track the activity and user flows within our service or sites. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user's movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis for purposes of internal analysis by iMesh to continue to optimize our customer experience.
Log Files and IP addresses:
We use internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, geographical location and number of clicks to analyze trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses are not linked by iMesh to personally identifiable information and are not kept after the statistics are logged in the aggregated database. The information we collect is used for internal review and is then discarded. It is not shared with other organizations. However, users should be aware that both static and dynamic IP addresses can be mapped back to users on most ISPs based on the users login time and recorded information.
SEARCH TECHNOLOGY AND THE SEARCH-RESULTS TOOLBAR
iMesh and the imesh.com website also feature the Search-Results Toolbar ("SRT") and search services ("Services"), respectively, that are powered by third party search partners ("Search Partners"). Your use of SRT and the Services are subject to the following privacy restrictions required by our Search Partners. Our Search Partners use this information to properly process your search requests. Importantly, all information collected in connection with a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous, except as may be required by law or to protect the rights or safety of others.
SRT does not and our Search Partners do not: (a) collect or report back to us (or anyone else) any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the Services. When you visit this website and use the Service, neither we nor our Search Partners collect any such personal information.
Search Query and Other Non-personal Information
SRT, in the course of processing a given search query, sends a request to our Search Partners' servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifying you as a iMesh user to our Search Partners. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. Search Partners use this information in order to properly process your search request. For example, this data provides them with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our Search Partners are appropriately compensating us; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords.
In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process), and our Search Partners does not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
When you visit the Web Sites, our Search Partners also capture your source IP address which is a standard practice for most Internet sites. They in no way associate your IP address with any cookies and do not use your IP address in conjunction with any personally identifiable information.
Our Search Partners also use "cookies". They do this in order to identify you as a iMesh user and also in order to store your personal preferences. Importantly, a cookie does not allow our Search Partners to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or SRT.
Disclosure to Third Parties
Our Search Partners will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. Our Search Partners also reserve the right to disclose such information when they believe, in their sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect their rights under, this Agreement.
If the SRT or Service is ever sold or all or substantially all of the assets relating to BM or the Service are transferred to another entity, our Search Partners may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of service. Our Search Partners may also transfer all information provided by or collected from you, including personally identifiable information, to another entity in the event our Search Partners or substantially all their assets are sold to another entity.
If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall SRT from your computer and cease using the Web Sites. You may uninstall or remove SRT at any time by following the instructions at the beginning of the Search-Results Toolbar section above.
Our Search Partners may provide search results or other links to other World Wide Web sites or resources. Because our Search Partners have no control over such sites and resources, you acknowledge and agree that they are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither iMesh nor our Search Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through SRT or Web Sites.
Except as described in this statement, we will not disclose any information about you outside of iMesh and its controlled subsidiaries and affiliates without your consent.
We may share non-personally identifiable information about our users with our partners and advertisers. In addition, there are times where it may be advantageous for iMesh to make certain personally identifiable information about you available to companies that iMesh has a strategic relationship with or that perform work in conjunction with the user experience. These companies may provide services such as those that fulfill customer service orders, those that extend credit, deliver products and or ancillary services to you, enhance and manage customer data, conduct market research for iMesh. In addition, on occasion we allow you to choose to share your personal information with select iMesh partners so that they can contact you about their products, services or offers. These companies are also required to protect your personal information in accordance with iMesh's policies. Without our ability to integrate and share with these strategic partners it would be difficult for you to purchase and utilize iMesh products and services, receive the appropriate quality and level of customer service and provide us the data needed to best improve our products and services.
In addition, by providing your email address, you'll receive our weekly email newsletter and account updates, sent to you by iMesh. You can always opt out from any iMesh communication.
Some iMesh services may be co-branded and offered in conjunction with another company. If you register for or use such services, both iMesh and the other company may receive information collected in conjunction with the co-branded services.
We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those companies will be permitted to obtain only the personally identifiable information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
In an endeavor to improve the customer experience we may also purchase marketing data from third parties and add it to our existing user database, to better target our features, services and offers in which we think you may be interested. To enrich our profiles of existing customers, we may tie this information to personally identifiable information that you have given to us.
In addition to the foregoing, we may disclose your personally identifiable information if we believe such action is necessary to: (a) comply with the law or legal process served on iMesh; (b) protect and defend the rights or property of iMesh (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of iMesh services or members of the public.
In an attempt to provide increased value to our visitors, we may choose various third party web sites to link from or frame within the iMesh website. We also participate in co-branding, advertising and other relationships to offer e-commerce and other services and features to our users. Information about you may be visible to subsequent websites if you link off of the iMesh website. However, even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners, advertisers or third party web sites (even if offered on or through our site) is not received by us. As such, we are not responsible for, or have any control over, the content or the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited when linking from imesh.com. These linked sites are only for your convenience and you therefore access them at your own risk. This privacy statement applies solely to information collected by iMesh.
As a member of iMesh, you can download, search, share and publish just about any digital media file. Users are given the opportunity to 'opt-out' of the sharing component of the iMesh Software, so that such user's files are not made available to other users, by disabling that component of the Software. Each user is provided with the option to disable the sharing component of the Software by going into the preferences section of our site and "disabling" the appropriate component...
Additionally you can modify your registration and preferences information at any time in the My Account section of our service. Also all of iMesh's promotional emails are accompanied with information on how to change your communications preferences and how to "opt-out" of certain communications. For access to our communications preferences page please go to the My Account section of the Service.
OUR COMMITMENT TO CHILDREN'S PRIVACY
Protecting the privacy of the very young is especially important. We operate our website in compliance with the Children's Online Privacy Protection Act (COPPA). We never knowingly collect or maintain information at or on our website from those we actually know are under 13, and no part of our website is directed at or structured to attract anyone under 13. Visitors younger than 13 years of age may NOT use the iMesh website and software and must LEAVE immediately.
At times iMesh may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance that disclosure of information is necessary.
We take every reasonable precaution to protect information from misuse, loss and unauthorized access. Although we cannot guarantee that users' information will not be subject to unauthorized access, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we may collect online. All employees are kept up to date on our security and privacy practices.
NOTIFICATION OF CHANGES
If you have questions or concerns regarding this please email us at email@example.com. You can also contact us by sending us postal mail at iMesh. P.O Box 373, Maplewood, NJ 07040, USA.
The Software, Songs, and all trademarks, service marks, trade names, slogans, logos, and other indicia of origin (collectively, "Marks") that appear on or in connection with the Service are copyrighted, trademarked or are other proprietary subject matter and are the property of iMesh and/or its affiliates, licensors and/or licensees, as applicable, are protected by intellectual property laws, and your use of them is governed by such laws, this Agreement and any applicable end-user license agreements. You may not copy, display or use any of the Marks without prior written permission of the Mark owner.
You agree that the content rights holders that license their musical or other content to iMesh for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You may not authorize, encourage or allow any Songs used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Software or Songs.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT. A copy of the current Software End-User License Agreement is available at http://www.imesh.com/eula.shtml
If iMesh receives a notice alleging that you have engaged in behavior that infringes iMesh or any other party's intellectual property rights or reasonably suspects the same, iMesh may, in addition to other actions it may take against you, suspend or terminate your account without notice to you. If iMesh suspends or terminates your account, it shall have no liability or responsibility to you, including for any amounts that you have previously paid up to the date of the alleged infringement.
MediaNet, Inc. MediaNet asked us to include this. MediaNet is our technology and content partner and has provided to us the backend infrastructure to enable The Service. You agree to indemnify, defend and hold harmless MediaNet, Inc. (and its affiliates), and iMesh (its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable) against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your unauthorized use of the content or MediaNet technology (b) your violation of this directive, and/or (c) your unauthorized activities in connection with MediaNet.
Notices. We respect the intellectual property rights of others. You should too. If you know of or suspect that any use of the Service, Songs and/or the Software constitutes copyright infringement, please send a notice to iMesh Customer Care from: http://support.imesh.com, or by fax to 1-212-500-0010. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
You agree to indemnify and hold harmless iMesh and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries including but not limited to MediaNet, Inc. (collectively, "Indemnified Parties") from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Songs, or the Software and to reimburse the Indemnified Parties on demand for any losses, costs or expenses they incur as a result thereof.
iMesh and MediaNet reserve the right to modify, suspend, or discontinue the Service (or any part thereof, including without limitation access to any of the Content) at any time with or without notice to you, and neither iMesh nor MediaNet will be liable to you or to any third party should either such party exercise such rights and iMesh will not refund any amounts that you have previously paid. We sure hope that never happens.
You may terminate this Agreement in accordance with the paragraph entitled "Cancellation" set forth above. Following such cancellation, you agree to uninstall and destroy all copies of the iMesh Software and SRT in your possession or control and cease using the Web Sites and Services.
Now here's the fun part. You understand and agree that your use of the Service, the Songs and the Software is solely at your own risk. THE SERVICE, SONGS AND THE SOFTWARE (THE "PRODUCTS") ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY IMESH OR ITS AGENTS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, INCLUDING BUT NOT LIMITED TO MEDIANET, INC. (THE "iMESH ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE iMESH ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE iMESH ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY IMESH ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE iMESH ENTITIES.
iMESH MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE OR THAT ANY CD BURNED OR PORTABLE DEVICE DOWNLOADED USING THE SOFTWARE WILL FUNCTION AS INTENDED. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SOFTWARE AND YOUR PORTABLE DEVICES AND HARDWARE. IMESH DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iMESH DISCLAIMS ANY AND ALL LIABILITY THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
UNDER NO CIRCUMSTANCES SHALL ANY iMESH ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, SONGS AND/OR THE SOFTWARE.
UNDER NO CIRCUMSTANCES SHALL ANY iMESH ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE (INCLUDING THE ERRORS OR OMMISSIONS OF ANY PRODUCT) OR INABILITY TO USE THE PRODUCTS, EVEN IF THE iMESH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE iMESH ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US $10 IN THE AGGREGATE.
This Agreement and any other terms or documents referred to herein represent your entire agreement with iMesh with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of this Agreement shall remain in full force and effect. The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of the Service, the Songs and the Software. You expressly agree that the courts in the State of New York, New York County, have exclusive jurisdiction over any claim or dispute with iMesh or relating in any way to your account or your use of the Service the Songs and the Software. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in New York County in connection with any such dispute including any claim involving iMesh or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. iMesh's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. iMesh is not responsible for its failure to fulfill any obligations due to causes beyond its control.
If you can read this, you don't need glasses. :)