Last updated August 2, 2010
Imagitas, Inc. (“Imagitas”) operates the MyMove™ site and associated Web pages (“MyMove”). Any person accessing or using the MyMove™ is referred to as “you”.
Acceptance of Terms
General Use of the Site
- except with the express written permission of Imagitas, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by Imagitas through the Site.
Except with the express written permission of Imagitas, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site.
Except with the express written permission of Imagitas, you agree that you will not create links from any Web site or Web page to any page within the Site; provided however upon prior written notice to Imagitas at email@example.com, you may create a link directly to the Site. The origin of any link to the Site home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Site. By creating a link to the Site, you agree that (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Site from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the Site. Imagitas reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Imagitas so requests.
The Services provided through the Site may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Imagitas to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Imagitas does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Imagitas from any and all claims, demands, liability and damages (direct, indirect, special, punitive or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be tools that provide information and customized information based on user-inputted data. These tools are for the purpose of estimating and providing other information, and are not intended to be an offer or any kind. The information resulting from the tools are for demonstration purposes only, and you hereby release Imagitas from any and all claims, demands, liability and damages (direct, indirect, special, punitive or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of these interactive Services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the Site
The Site and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Site (collectively, “Content”) is owned by Imagitas and/or third parties with all rights reserved unless otherwise noted. Imagitas grants you a limited license to access and use the Site and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Site provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Site or Content, except with express written consent of Imagitas. You understand that all third party Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the third party originator of such Content. Content is provided through the Site AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Imagitas be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that Imagitas does not screen or approve third-party Content, and that Imagitas shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete any Content that is available via the Site, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to the Site as provided below.
You promise that you will not use the Site to:
- Transmit any Content
- not related to appropriate subject matters;
- that is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law
By Transmitting Content to the Site, you grant, and you represent and warrant that you have the right to grant, to Imagitas an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you grant Imagitas all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMAGITAS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES AND/OR CONTENT. IMAGITAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL IMAGITAS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MYMOVE NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMAGITAS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on the Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Imagitas, its corporate affiliates or its third-party vendors. MyMove™ 2010, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the written permission of Imagitas. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Imagitas’ Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
George M. Macdonald, Assistant General Counsel
Pitney Bowes Inc., Intellectual Property and Technology Law Department
35 Waterview Drive | Shelton, CT 06484 USA | MSC 00.26.22