Imagine NYC team welcomes you! We hope you find our service invaluable to the continued success of your business. Artflou and StrongDisk were created by, and is a Service of, Imagine NYC, LLC.
THE SOFTWAREThe software offered by Imagine consists of the following a web-based module artflou.com and all updates, enhancements, bug fixes, modifications by Imagine and upgrades thereof. As used herein, the Software includes one or more of the foregoing modules.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Imagine or other third parties. You are not permitted to use the Marks without the prior written consent of Imagine or such third party that may own the Marks. Artflou and the Artflou logo are trademarks licensed by Imagine.
USERSOnly Users may use the Site or the Software. A User is a holder of a license to use the Software granted by Imagine, i.e., a Licensee, or a bona fide employee or bona fide independent contractor of a Licensee, whom the licensee has authorized to use the Site or the Software in connection with his or her employment or engagement with the Licensee in the ordinary course of its business.
USE OF THE SITE AND SERVICES You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
Imagine, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Imagine may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Imagine deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Imagine immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Imagine's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
As a User, you agree not to:
Any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other unauthorized server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any Software that is downloaded from or made available via the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
PROHIBITED IMAGESUsers may not upload onto the Site any Image that:
IMAGINE'S RIGHTSImagine is not responsible for the content of images viewed, uploaded or used in connection with the Site or the Software. However, Imagine may delete images from the Site or the Software that, in its sole discretion, it deems to be Prohibited Images. If you upload a Prohibited Image, Imagine may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Imagine's sole discretion, without prior notice or liability to you.
Imagine may request from a User confirmation of ownership of the copyright or trademark or permission to use such image from the owner. If Imagine does not receive such confirmation within five business days after making its request or if Imagine receives notice of a claim of copyright or trademark infringement, Imagine may share information regarding a User with government agencies or third parties. If you dispute any copyright or trademark infringement claim, Imagine will share with you the contact information of any party claiming such infringement. In the event of an infringement claim, Imagine may suspend the display, viewing or sharing of any image until the issue has been resolved. If you believe that someone is infringing your Intellectual Property Rights via the Site or the Software, see the section entitled Notification of Copyright Infringement below.
Imagine may block, restrict, disable, suspend or terminate User accounts, which Imagine determines, in its sole discretion, were established for an illegal or fraudulent purpose.
IMAGINE'S ACCESS TO USER ACCOUNTSImagine must have access to Users' accounts for the following purposes:
Each User must use a password to access the Site or the Software. Users are discouraged from using obvious passwords, such as the names of spouses, children or pets.
Personal information such as passwords is protected by Secure Socket layers (SSLs), which encrypt pages when collecting sensitive information. This measure is designed to guard against interception of this information while it is on the internet.
DISCLAIMER OF WARRANTIESTo the fullest extent permitted by applicable law, Imagine expressly disclaims all warranties of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, and merchantability or fitness for a particular purpose. Without limiting the foregoing, Imagine makes no warranty that the Site, or the sites or servers of any of Imagines upload centers, the Services or Materials will be uninterrupted, timely, secure, free of viruses or harmful components or error-free.
Imagine does not control or endorse the Materials found in any Services and specifically disclaims any liability with regard to the Site, Services and any actions resulting from your use of the Site and Materials and participation in any Services. Managers, hosts, participants and other third parties are not authorized Imagine spokespersons, and their views do not necessarily reflect those of Imagine. To the maximum extent permitted by law, Imagine will have no liability related to User Materials arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. Imagine also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Materials.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
LIMITATION OF LIABILITYIn no event shall Imagine, its officers, directors, employees, agents or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Imagine has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the Site, the site or server of any Imagine upload center, Services, or Materials; (2) the statements or actions of any third party on or via the Site, the site or server of any Imagine upload center, Services or Materials; (3) any dealings with vendors or other third parties; (4) any unauthorized access to or alteration of your transmissions, User Materials or other data; (5) any information that is sent or received or not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any Services available that are delayed or interrupted; (8) any web site referenced or linked to from this Site; or (9) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
NOTIFICATION OF COPYRIGHT INFRINGEMENT Imagine will, in appropriate circumstances, terminate the accounts of Users who infringe the Intellectual Property Rights of others. Imagine will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement, which must contain the following elements:
All claims should be sent electronically via our contact form, or mailed to the address: Imagine NYC LLC, 566 Gates Avenue #5G, Brooklyn, NY 11221, USA.
Imagine should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials.
GOVERNING LAW AND JURISDICTIONBy accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of New York, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of New York County with respect to such matters.
Imagine BILLING AND PRICING POLICY.Clients are automatically billed monthly. Monthly billing is calculated on usage, which includes the minimum monthly fee and fees for additional storage beyond that indicated in account quota, billed at rates offered in plan. In an effort to charge fairly and appropriately, monthly fees are calculated on the average of monthly internet image storage and on a pro rata basis for the number of days in a month that a client had an account.
We are committed to maintaining the artflou software in optimum operational condition. The system will be continually upgraded with new features and efficiencies. It will also be monitored for system bugs which, should any occur, will be fixed as soon as possible. We encourage users to communicate any problems, questions, and/or suggestions via the tech support email. Every email received will be read as soon as possible and, if appropriate, written responses will follow shortly thereafter. In addition, the artflou.com system runs on a proven secure high quality server and high speed communications system whose functioning is consistently monitored. It is our stated commitment to keep the software and server system operating 24/7, twenty-four hours a day seven days a week. Users will be issued refunds for any month in which the system does not function for a total of five (5) days. There are no other guarantees or refunds.
Imagine's billing policy is subject to change without notice.
Pricing is available on artflou.com site. Pricing is subject to change without notice.