TERMS OF USE
This Terms of Use is effective as of February 22, 2016.
Welcome to the ImeStar.com website (the "Site"). ImeStar, Inc. provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
The user signing up as a particular entity (such as Author, Co-producer, Partner, or Buyer) agrees with the requirements imposed on him by these Terms of Use and accepts the obligations of the relevant Contracts/Requirements: Author Terms, Co-producer Terms, Partner Terms, Buyer Terms.
You also agree to our Privacy Policy and agree to follow any other rules on this Site, such as our Cookie Policy and Terms.
We reserve the right to change this Site, these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
WEBSITE USE POLICY
You can browse ImeStar without signing in. But if you want to use some special functions in ImeStar’s, you’ll need to sign up, choose an account name, and set a password. The information that you provided has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@imestar.com.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services.
Definition of Terms:
By these terms, we mean:
"Authors" - the creators of meaning; authors / creators and owners of the "Works" that are presented at our site.
"Works" - all kinds of Author’s creative activity.
"Partners" - teachers and mentors who provide "Lessons / Schools", as well as their professional services, which help Authors to obtain the skills and necessary results.
"Lessons / Schools" – these are the videos including the demonstration of the processes and tasks for obtaining the necessary skills.
"Co-producers" - the people supporting a particular Author and / or his Works by contributing money resources into the Author’s "Foundation" and controlling this Fund with the aim of producing, promoting and enhancing the Author’s skills.
"Foundation" - targeted funds collected for financing the skills improvement, promoting and producing the Author.
"Buyers" - buyers of non-exclusive or exclusive property rights on Author’s Works, as well as buyers-customers on the performance of their professional services by the Authors.
Community Guidelines
ImeStar is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with offers of goods and services or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
take any action that imposes, in ImeStar’s sole discretion, an unreasonable load on ImeStar's infrastructure.
represent works (products) created by others as your own creation, or act as a reseller of other’s works (products).
ImeStar reserves the right to remove content and terminate User Accounts for such activities.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Platform ImeStar
ImeStar provides a platform for support, training and promotion of aspiring Authors (Amateur Authors). The Authors transfer the rights on their Works and the results of their creative activity within the selected Category to the supporting Co-producers in joint use. ImeStar is not a party of this agreement - the contract is a direct legal agreement between the Author and his supportive Co-producers.
Detailed description of the procedures, as well as the obligations and conditions undertaken at the moment of registration, see in the relevant sections of the site and Agreements (including but not limited to the following: Author Terms, Co-producer Terms, Partner Terms, Buyer Terms).
Stuff We Don’t Do and Aren’t Responsible For
ImeStar isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t endorse any content users submit to the Site. When you use the Services, you release ImeStar from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Our Fees
Creating an account on ImeStar is free.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site.
You’re responsible for paying any additional fees or taxes associated with your use of ImeStar. See Pricing & Fees.
Other Websites
ImeStar may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
User Content
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant ImeStar a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and ImeStar, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on ImeStar’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If ImeStar or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
We’re not responsible for mistakes in your content. ImeStar will not be liable for any errors or omissions in any content.
Intellectual Property
ImeStar’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
ImeStar grants you a license to reproduce content from the Services for personal use only. This license covers both ImeStar’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from ImeStar or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
COPYRIGHT COMPLAINTS
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. ImeStar complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. We do this when appropriate and at our sole discretion.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Deleting Your Account
From the moment when you start interacting with your counterparts, You cannot delete your account, up to the full implementation of your obligations, according to the relevant Requirements/Contracts: Author Terms, Co-producer Terms, Partner Terms, Buyer Terms.
Taxes
The income received from registered users on ImeStar.com tax authorities classify as taxable. For the possibility to obtain such income from the registered user, ImeStar.com asks for tax identification number (TIN), as well as to fill it out and attach to the personal account a W-9 form, so that we could report about taxable income to the relevant tax authorities. Registered users who have a source of income at ImeStar.com will be provided with the relevant tax documents in case, if it is required by the tax authorities.
Our Rights
ImeStar reserves these rights:
- We can make changes to the ImeStar Site and Services without notice or liability.
- We have the right to decide who’s eligible to use ImeStar. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ImeStar in that jurisdiction.
- We have the right to cancel any pledge to, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend at any time and for any reason.
ImeStar is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Warranty Disclaimer
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
IMESTAR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM IMESTAR SHALL CREATE ANY WARRANTY.
Indemnification
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of ImeStar. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Limitation of Liability
To the fullest extent permitted by law, in no event will ImeStar, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall ImeStar’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Dispute Resolution and Governing Law
We at ImeStar encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Nevada and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that ImeStar and its Services are deemed a passive website that does not give rise to jurisdiction over ImeStar or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Nevada. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of ImeStar, shall be filed only in the state or federal courts located in Clark County in the State of Nevada, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Entire Agreement
These Terms and the other material referenced in them are the entire agreement between you and ImeStar with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and ImeStar with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or ImeStar to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get ImeStar’s prior written consent. ImeStar has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. ImeStar will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
INTERNATIONAL ACCESS
This site is accessible for users from other countries, not only from the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
ATTENTION!
For now, there is no possibility to provide the Services to non-residents of the USA in full.
This is due to the unresolved legal aspects of the intellectual property rights transaction and restrictions on the payment without providing the necessary resident tax data.
