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
This is an agreement between ImageMessenger Inc., a Texas corporation (“ImageMessenger”), the owner and operator of www.imgr.im (the “ImageMessenger Site”), the ImageMessenger software, including ImageMessenger Messenger (collectively, including all content provided by ImageMessenger and the ImageMessenger Site, the “ImageMessenger Service”, or the “Service”), hereafter referred to as IMGR, and you (“you” or “You”), a user of the Service. You affirm that IMGR grants you the access to use IMGR and that your use is limited to a non-transferable license to use the Licensed Application, and that IMGR, not Apple, is solely responsible for the Licensed Application and the content thereof, and that IMGR, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application (IMGR), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation; (iv) and, IMGR, not Apple is solely responsible for providing any maintenance and support services with respect to the Licensed Application . By using the service, you acknowledge and agree to these terms of service and IMGR’S privacy policy at imgr.im/privacy, and which are incorporated herein by reference. If you choose to not agree with any of these terms, you may not use the Service.

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
A. Subject to your compliance with these Terms of Service, IMGR hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without IMGR’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

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

In no event shall IMGR, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting 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 secure servers and/or any all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through our service by any third party, (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the IMGR server, whether based on warranty, contract, tort or any other legal theory, and whether or not IMGR is advised of the possibility of such damages, and/or (vii) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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.

10. Indemnity

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.

12.

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.

13. General

You agree that: (i) the IMGR Service shall be deemed solely based in Texas; (ii) the IMGR Service shall be deemed a passive server that does not give rise to personal jurisdiction over IMGR, either specific or general, in jurisdictions other than Texas; and (iii) that you agree to subject to the jurisdiction of Texas in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and IMGR that arises in whole or in part from the IMGR Service shall be decided exclusively by a court of competent jurisdiction located in Collin County, Texas. These Terms of Service and Privacy Policy at imgr.im/privacy and any other legal notices published by IMGR, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and IMGR concerning the IMGR Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and IMGR’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. IMGR reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the IMGR Service. Your continued use of the IMGR Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and IMGR agree that any cause of action arising out of or related to the IMGR service must commence within one (1) year after the cause of cause of action occurs. Otherwise, such cause of action is permanently barred.

Privacy Notice

IMGR provides this Privacy Policy to help you make an informed decision about whether to use or continue using the IMGR Site, Software and/or the IMGR Service. If you do not agree to our practices, please do not use the IMGR Site, Software, or IMGR Service.

This Privacy Policy is incorporated into and is subject to the IMGR Terms of Service. Your use of the Site, Software and Service and any personal information you provide on the Site or Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Profile Submissions or other content posted at the direction or discretion of users of the IMGR Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of IMGR’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by IMGR, including information obtained when you access the IMGR’s Site, use the IMGR Service or any other software provided by IMGR.

This Privacy Policy does not apply to the practices of companies that IMGR does not own or control, or to individuals whom IMGR does not employ or manage, including any of the third parties to which IMGR may disclose user information as set forth in this Privacy Policy.

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.

Cookies Information: When you visit the IMGR Site, other online services, use interactive applications, email messages and advertisements may use “cookies”: and other technologies such as pixel tags and web beacons. These technologies help better understand user behavior, tell which parts of websites people visit and facilitate and measure the effectiveness of advertisements and web searches. IMGR may send one or more cookies – a small text file containing a string of alphanumeric characters – to your device that uniquely identifies your browser. IMGR uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the IMGR Site may not function properly if the ability to accept cookies is disabled. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of our Privacy Policy.

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

If you submit Personally Identifiable Information to us through the IMGR Site, or IMGR Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the IMGR Site and IMGR Service. In particular, your device’s phone number is essential to your use of the IMGR Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with IMGR. Any Personally Identifiable Information that you voluntarily disclose on the IMGR Service becomes publicly available and may be collected and used by other users of the IMGR Service (unless such user is blocked by you). Your name (as it is saved in other user’s device address book or contact list) may be displayed to other users when you update your Profile through the IMGR Service and other users may contact you through the IMGR Service. We do not use your device phone number or other Personally Identifiable Information to send commercial or marketing messages 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, however, use your device phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major IMGR Site or IMGR Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the IMGR Site and IMGR Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the IMGR Service or IMGR Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

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.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the IMGR Site or the IMGR Service, in which case IMGR will not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the IMGR mobile application, and discontinue use of the IMGR Service. Your continued usage of the IMGR Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the IMGR Service. Please contact IMGR via email at imgr.im with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

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

The IMGR Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the IMGR Site and Service from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the IMGR Site and Service, which are governed by Texas law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by Texas law for these purposes.

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

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the IMGR Site and IMGR Service constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified:

This Privacy Notice was last modified February 16, 2016