The IMGR application is provided by imageMessenger, Inc. These Terms of Service govern your access to and use of IMGR’s website, app, products, and services. Please read carefully, and contact us if you have any questions.
Terms Of Service
1. Your Acceptance
2. IMGR Service
These Terms of Service apply to all users of the IMGR Service. Information provided by our users through the IMGR Service may contain links to third party websites that are not owned or controlled by IMGR. IMGR has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, IMGR will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that IMGR shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. IMGR Access
B. Access to the service requires a mobile phone number. In order to access all of the features of the service IMGR may require access to your contact list on your mobile device to sync mobile phone numbers of other users of the service. Allowing access is completely optional, and you may choose to turn off access to your contact list at any time at your discretion, by adjusting the settings in your mobile device. You must notify IMGR immediately of any breach of security or unauthorized use of your mobile phone. IMGR will not be liable for your losses caused by any unauthorized use of your account.
IMGR does not access or cross check names, addresses or email addresses, only mobile phone numbers, and we do not collect or store any of the users contact information from their device. Our servers only cross check mobile phone numbers for other IMGR users so that the our users can communicate with other IMGR users within their contact list.
IMGR uses the most secure authentication method to ensure user safety by requiring an SMS authentication code sent to the users mobile phone number for registration. This authentication method ensures that IMGR users know exactly who (the mobile phone number) of the contact they are communicating with.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the IMGR servers in a given period of time than a human can reasonably produce in the same period by using a IMGR application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, IMGR grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. IMGR reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by IMGR users. You agree not to collect or harvest any personally identifiable information including phone number from the Service, nor to use the communication system provided by the Service for any spam purposes. You agree not to spam any users of the Service.
4. Earn Revenue Using IMGR
One of the features of the IMGR Service is to provide users with the opportunity to earn revenue by promoting companies you like or with which you identify. The IMGR Phase I (v1.0) sponsored promotions feature is currently in an evaluation phase. IMGR is currently utilizing various promotional tracking methodologies, some of which may rely on user’s browsers and device privacy settings. If the receiving IMGR user has various blocking features enabled on their device, it may prevent IMGR from accurately tracking the origination of the promotion and could affect the revenue earned by the sender. You will have the ability to earn revenue from some of the sponsored promotions. IMGR may include some sponsors that are in an evaluation mode and marked accordingly and may not be offer revenue incentives. However, for these sponsored promotions IMGR may choose to offer special random incentives to users for assisting IMGR by gathering test data for these sponsor’s promotions. As an IMGR user, you affirm and consent to receive advertisements from your contacts that may include graphics, links, and text information.
5. Payments to IMGR Users
The amount of revenue IMGR users may earn by promoting revenues will based on market conditions and other factors. IMGR reserves the right to change or modify the payment amounts (in dollars or percentage) as needed. In order to receive payments, IMGR users may need to provide additional information and may need to set up a third party account to receive payment (For example: A Paypal Account). Users understand that depending on how much they receive in payment from IMGR, they may be responsible to report that amount and pay their own income taxes for earned income. For U.S. users, amounts under $600.00 each year may not require reporting. Consult any accounting professional for complete tax details.
6. Intellectual Property Rights
The design of the IMGR Service along with IMGR creates text, scripts, graphics, interactive features and the like, (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to IMGR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you as is for your information and personal use only. IMGR reserves all rights not expressly granted in and to the Service.
7. User Profile Submissions
A. The IMGR Service allows IMGR users to submit Profile photos and other communications submitted by you. These IMGR Messenger Services may be hosted, shared, and/or published as part of the IMGR Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other IMGR users will only be viewable by those IMGR user(s) or group(s) you directly send such information; but Profile Submissions may be globally viewed by IMGR users that have your mobile phone number on their smart phone. Currently, we have no method of providing different levels of visibility of your Profile Submissions among users that have your mobile phone number – you acknowledge and agree that any Profile Submissions may be globally viewed by users that have your mobile phone number, so don’t submit, or post your Profile Information that you don’t want to be seen globally. You understand that IMGR does not guarantee any confidentiality with respect to your Profile Submission.
B. You shall be solely responsible for your own Profile Submissions and the consequences of posting or publishing them. Because IMGR is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of IMGR, and IMGR makes no guarantees as to the validity, accuracy, or legal status of any status. In connection with Profile and Personal Submissions including graphics, links and texts, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize IMGR to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all profile and Personal Promo Submissions to enable inclusion and use of the Profile Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Profile Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Profile Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Profile Submissions, but you have to have the rights in the first place. However, by submitting the Profile Submissions to IMGR, you hereby grant IMGR a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Profile Submissions in connection with the IMGR Service and IMGR’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the IMGR Service (and derivative works thereof) in any media formats and through any media channels.
C. In connection with Profile and Personal Promo Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IMGR all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IMGR or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content is prohibited. IMGR does not endorse any Profile or Personal Promo or any opinion, recommendation, or advice expressed therein, and IMGR expressly disclaims any and all liability in connection with Profile Submissions or Personal Promos. IMGR does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and IMGR will remove all content and Profile Submissions if properly notified that such content or Profile Submission infringes on another’s intellectual property rights, and IMGR, not Apple, is solely responsible for the investigation and discharge of any intellectual property infringement claim..
E. You understand that when using the IMGR Service you will be exposed to Profile and Personal Promo Submissions from a variety of sources, and that IMGR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Profile and Personal Promo Submissions, and that such Profile and Personal Promo Submissions are not the responsibility of IMGR. You further understand and acknowledge that you may be exposed to Profile and Personal Promo Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IMGR with respect thereto, and agree to indemnify and hold IMGR, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the IMGR Service.
F. IMGR permits you to link to materials on the Service for personal purposes only. IMGR reserves the right to discontinue any aspect of the IMGR Service at any time.
8. Warranty Disclaimer
You agree that your use of the IMGR service shall be at your sole risk. To the fullest extent permitted by law, IMGR, its officers, directors, employees, and agents disclaim all warranties all warranties, express or implied, in connection with the service and your use thereof. IMGR makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service the actions of any third party, and/or (vi) any errors or omission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the IMGR service. IMGR does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the IMGR service or any hyperlinked website or featured in any user Profile or Personal Promo Submission or other advertising, and IMGR will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate, and again, use this for fun.
9. Limitation of Liability
You specifically acknowledge that IMGR shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third part and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by IMGR from its facilities in the United States of America. IMGR makes no representations that the IMGR Service is appropriate or available for use in other locations. Those who access or use the IMGR Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless IMGR, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the IMGR Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IMGR Service.
11. Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the IMGR Service is not intended for children under 13. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. imageMessenger, Inc. is the developer of the Service, and information may be found at www.imgr.im.
Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IMGR without restriction.
The Information IMGR Collects
IMGR may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable), and mobile device information to IMGR when choosing to participate in various uses of the IMGR Service, such as registering as a user.
Log File Information: When you use the IMGR Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the IMGR Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information IMGR Does Not Collect
IMGR does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers-the IMGR mobile application will associate whatever name the IMGR user has assigned to the mobile telephone number in his/her mobile address book or contact list – and this occurs dynamically on the mobile device itself and not on IMGR’s servers and is not transmitted to IMGR. This means that if you have your friend’s mobile phone number associated with the name “Mary Smith” in your mobile address book, that’s the name that will appear for that mobile phone number in your IMGR contact list. We do not collect location data, but users may voluntarily share their location with other users via the IMGR Service.
The contents of messages that have been delivered by the IMGR Service are not copied, kept, or archived by IMGR in the normal course of business. The IMGR Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be an IMGR user), if that recipient is online. If the recipient is not online, the undelivered message is held in IMGR’s server until it can be delivered. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by IMGR – the only records of the content of any delivered messages reside directly on the sender’s, and recipient’s devices (and which may be deleted at the user’s option). Notwithstanding the above, IMGR may retain date and time stamp information associated with successfully delivered messages and the device’s phone number involved in the messages, as well as any other information which IMGR is legally compelled to collect. Files that are sent through the IMGR Service may reside on our servers after delivery for a short period of time.
The Way IMGR Uses Information
When IMGR Discloses Information
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve, or maintain the IMGR Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the IMGR Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. IMGR also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that IMGR believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the IMGR Site or our servers, and to protect the rights, property, or personal safety of IMGR, our users or others.
Our Commitment To Data Security
IMGR uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to IMGR and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the IMGR Service is never recommended. Once we receive your transmission of information, IMGR makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If IMGR learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. IMGR may post a notice on the IMGR Site or through the IMGR Service if a security breach occurs.
Our Commitment To Childrens’ Privacy
Protecting the privacy of young children is especially important. For that reason, IMGR does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the IMGR Site or IMGR Service from persons under 13 years of age, and no part of the IMGR Service is directed to or intended to be used by persons under 13. If you are under 13 years of age, then please do not use the IMGR Service or access the IMGR Site at any time or in any manner. If IMGR learns that Personally Identifiable Information of persons under 13 years of age has been collected on the IMGR Site or IMGR Service, then IMGR may deactivate the account and/or make the status submissions inaccessible.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that IMGR is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified February 16, 2016