Imprises: Master Services Agreement (MSA), Terms of Service
Welcome to Imprises a CPGVentures Entity!
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so based on many factors additional terms or product requirements (including age requirements) will apply. Additional terms will be available with the relevant Services, and those additional terms will become part of your agreement with us if you use those Services.
Using our Services
You must follow any and all policies made available to you with the use of the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations, the laws based in countries and locations where you or your users may operate and any other laws and regulations that may apply at all times. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from/with our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Imprises’. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law and we may suspend Services as we determine in our sole judgment. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you and your customers the users from obeying traffic or safety laws.
Your Imprises Account
You will need a Imprises Account in order to use some of our Services. To protect your Imprises Account, keep your password confidential. You are responsible for the activity that happens on or through your Imprises Account and all services provided.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Imprises’ policy about responding to notices.
Your Content in our Services
Our Services could be used by you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Imprises the Right to inspect your Content as required by Imprises.
About Software in our Services
When a Service requires or includes downloadable software from others, you the Customer must hold permission and a valid and legal license key to unlock and use said software.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service or some portion of same altogether.
You can stop using our Services at any time, although we will be sorry to see you go. Imprises may also stop providing Services to you, or add or create new limits and terms to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service but not to exceed 72 hours.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Imprises NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, Imprises AND Imprises’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
YOU THE CUSTOMER AND/OR THE CUSTOMER’S USERS AGREE BY USING ANY OF SAID SERVICES, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Imprises, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, Imprises, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Imprises and its affiliates, officers, agents, suppliers and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Service Level Agreement (SLA)
Services fail and acts of Nature happen. You the Client need to build a robust environment to handle any outage that can occur and Imprises is not responsible for your design, redundancy, security, backups, data and any and all other aspects of the Services you purchase. If any of the Services Imprises provides to You the Customer fail or are unavailable, then within 30 calendar days you must file an SLA claim as to what failed and based on the initial time of Imprises receiving and acknowledging your initial trouble ticket until the time each Service is restored, a prorated credit will be issued based on the minutes the Services were not available.
About these Terms
We may modify and/or add to these terms or any additional terms that apply to a Service at any time at will with No Notice Given, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of the last date reflecting modifications to these terms at the beginning of this document. We strongly suggest you copy this and other pages as they change for your convenience. Changes will not apply retroactively and will become effective immediately after they are posted. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Imprises and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) outlines unacceptable use of the Imprises LLC (Imprises) Services (the “Services”). This AUP is in addition to any other terms and conditions under which Imprises provides the Services to you.
Imprises may modify the AUP from time to time at any time with no notice by posting a new version of this document on the DedicatedSolution’s Web site.
Questions about this AUP (e.g., whether any contemplated use is permitted) and reports of violations of this AUP should be directed to firstname.lastname@example.org.
Prohibited content, uses and activities include, without limitation, any use of the Services in a manner that, in DedicatedSolution’s reasonable judgment, involves, facilitates, or attempts any of the following:
- violating any law;
- displaying, performing, sending, receiving or storing any content that is obscene, inappropriate, offensive, or otherwise objectionable, even if the material or its dissemination is lawful;
- harassing any person or advocating or encouraging violence or damage of any kind against any person, entity, property or government;
- infringing, violating or misappropriating another’s rights;
- obtaining unauthorized access to, or interfering by any means with, any user, system, network, service, or account, including evasion of filters or violation of the security or integrity of any network or system;
- distributing computer viruses or malware of any kind or
- sending, receiving or supporting email messages that are unsolicited, deceptive, anonymous, excessively voluminous or that contain falsified identifying information, including spamming and phishing.
You are responsible to ensure that use of the Services and content is in compliance with all applicable laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g. restrictions on access by minors) or in any jurisdiction, as required to comply with such laws. Imprises reserves the right in DedicatedSolution’s sole judgment to take all actions it deems appropriate to protect DedicatedSolution’s reputation and values in the market. Similarly, Imprises reserves the right to take all actions it deems appropriate to comply with applicable laws.