TERMS OF SERVICE
Effective Date: January 15th, 2022
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, ARBITRATION CLAUSE, AND CLASS ACTION WAIVER. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
1. User Eligibility. The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.
2. Additional Terms. Our core Service is a platform enabling people and business seeking interior design services for bathrooms and kitchens (the “Clients”) through our different design packages, and such Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms provided by us before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies. For the purposes of these Terms, Clients are “Users”.
3. User Account. Anyone may browse the public-facing pages of our Website, but to access to and use of certain functionalities of the Services, for example to purchase one of our design packages or to receive our newsletters, we require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at [email protected], if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion. We will not be liable for any damages in connection to such cancellation or suspension.
4. Permitted Use. All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of Something Imagined or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. You acknowledge that your right to use the Service is a privilege, not a right, when using the Services, you MUST NOT:
Remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
Infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
Make any use of the Services or Content that violates any applicable local, state, national, international or foreign law;
Provide any content, data or information to Something Imagined that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
Fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Services or Content;
Allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) or user keys) issued to, or selected by, Something Imagined for someone other than the individual identified in the account information;
Solicit, or attempt to solicit, personal information from other users;
Use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
Communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
Use the Services or Content in a way that suggests you are a representative or an agent of Something Imagined;
Interfere with or disrupt the proper functioning of the Services or Content, Something Imagined or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content;
Cause damage to Something Imagined’s business, reputation, employees, members, facilities, or to any other person or legal entity;
Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
Harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Something Imgained’s employees, contractors, and other users; or
Assist or permit any person engaging in any of the activities described above.
Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
5. Ownership and Intellectual Property.
- The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
- All trademarks, service marks, logos, trade names, and any other proprietary designations of Something Imagined used herein are trademarks or registered trademarks of Something Imagined, our affiliates, or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.
6. Your Content and Feedback.
- You also may provide photographs, images, information, product reviews, opinions or tips, all of which may be published or displayed (hereinafter, “posted”) in public areas of the Services or transmitted to other users of the Services or third parties, including, for example, third party websites and services like Social Media that are integrated into or linked to the Services (collectively, “User Materials”). Your User Materials are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Services or third parties with whom you may choose to share your User Materials. Such third parties may have their own policies and terms that apply to your User Materials, and we are not responsible for any third party’s policies or terms. We cannot and do not guarantee that unauthorized persons will not view your User Materials.
- You acknowledge, represent, and agree that all User Materials that you post are submitted voluntarily and that if you submit a User Materials to any area of the Services that is available to others, Something Imagined does not control and is not responsible for the use of your User Materials by others. If you elect to submit, provide, or make available your User Materials to Something Imagined or the Services, you: (i) grant to us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell and sell, rent, lease or lend copies of your User Materials (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, and in Something Imagined’s sole discretion, to publish your name and other information about you in connection with your User Materials; and (ii) acknowledge that you receive no licenses to the Services except as expressly provided in these Terms. Something Imagined is under no obligation to allow you to post your User Materials or any other User Materials on the Services and may, in its discretion, use automated or other means to edit, block, refuse to post, or remove any User Materials (including your User Materials) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that your User Materials does not infringe the rights of Something Imagined or any third party or violate these Terms or any applicable law. If we suspect violations of the foregoing, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for your User Materials and any other User Materials you provide to us or make available through the Services. You are responsible for backing up your User Materials and information that you upload to the Services.
- By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
7. Fees; Payments.
- The fee (the “Fee”) for the Service(s) (e.g., all design package services) will be set forth during the ordering process for Service(s) that you go through on the Website. The Fee is due and payable in advance of Client’s design, product recommendation process, or order placement of Items. We currently use third parties to process payments. Our third-party payment processor payments through various credit cards on the applicable payment screen. All monetary transactions on the Services take place in the U.S. Dollars.
- The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (the “Taxes”) resulting from a transaction occurring through the Service. Something Imagined will collect and remit such Taxes from a Client where required by law, but a Client may be responsible for additional Taxes not collected by Something Imagined. All taxes are calculated using the Fee.
- We may offer any Client a full or partial refund at Something Imagined’s sole discretion. Please email [email protected] to request a refund.
8. Third Party Websites and Services. The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Something Imagined and Something Imagined is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Something Imagined of the Linked Services or any association with the operators of the Linked Services. Something Imagined does not investigate, verify or monitor the Linked Services. Something Imagined provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
9. Third Party Purchases. Our Services does not allow you to purchase any merchandise offered by third parties (each, a “Third Party Vendor”) directly from our Website even our Website contains a link to such Third Party Vendor’s website, and we will not place any orders for you to purchase of any Third Party Vendor’s merchandise. You must place such order to make the purchase directly from the Third Party Vendor’s website and subject to the Third Party Vendor’s terms and conditions apply to your purchase of such merchandise, including price, return policies and shipping costs. Something Imagined is not responsible or liable for any of your purchase from the Third Party Vendor or any other third-party.
11. Termination. These Terms are effective until terminated by you or Something Imagined. Your rights under these Terms will terminate automatically without notice from Something Imagined if you fail to comply with any provisions of these Terms (including by violating any license restriction provided herein). You may terminate these Terms by ceasing use of the Service. Upon any termination of these Terms, you must immediately cease all use of the Service. If you are a designer that was selected by a user to provide a design and you terminate your account before you have completely delivered a design package, you may not be allowed to use the Service in the future.
12. Disclaimer. “Released Parties” include SOMETHING IMAGINED and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED AND, (v) OUR DESIGNS AND ANY OF ITS SEPCIFICATIONS WILL MEET THE APPLICABLE GOVERNMENT REQUIREMENTS SUCH AS ANY BUIDLING CODE; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
13. Limitation of Liability.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOMETHING IMAGINED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CUASE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHEWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO SOMETHING IMAGINED AND FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content or product, (ii) your use of or reliance on any Something Imagined’s Content or designs, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
15. Third-Party Disputes. YOUR ACKNOWLEDGE AND AGREE THAT ANY DISPUTE YOU HAVE WITH ANY VENDOR, THIRD-PARTY SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
16. Governing Law; Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the state of California, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Something Imagined each agree to exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and Something Imagined will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim in accordance with Section 17 (Agreement to Arbitrate and Class Action Waiver). Notice to Something Imagined will be sent to the contact information provided in Section 22 (Contact Information). Something Imagined will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. You and Something Imagined each agree to negotiate disputes and claims in good faith. If the parties are unable to resolve the dispute or claim within 60 days after either Something Imagined receives your notice or we mail notice to you, you and Something Imagined agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 17 (Agreement to Arbitrate and Class Action Waiver). NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
17. Agreement to Arbitrate and Class Action. YOU AND SOMETHING IMAGINED EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF, OR RELATED TO, THE SERVICES, CONTENT, OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND SOMETHING IMAGINED ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE, SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN SECTION 16 (GOVERNING LAW; DISPUTE RESOLUTION)). YOU AND SOMETHING IMAGINED EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND SOMETHING IMAGINED AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE LOCATED IN SAN MATEO COUNTY, CALIFORNIA. YOU AND SOMETHING IMAGINED EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS, THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and Something Imagined each are responsible for its own respective costs relating to the arbitration. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees. If you are unable to resolve the dispute after following the process in Section 16 (Governing Law; Dispute Resolution), and you would like to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for us in Section 22 (Contact Information).
18. Changes to Terms. These Terms may be revised or updated from time-to-time, in our sole discretion. All changes are effective immediately when we post them on the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of the changes. We recommend that you review the Terms from time-to-time for any updates or changes that may impact you. If you do not agree to any revised Terms, you should discontinue your use of the Services.
19. Copyright Policy.
- The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Something Imagined a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (iii) your contact information including address, telephone number and email address; (iv) a written statement that you have a good faith belief the accused usage is infringing; and (v) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
- If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Something Imagined a counter-notice.
- Notice and counter-notices must meet the ten-current statutory requirements imposes by the DMCA at http://www.loc.gov/copyright/ for details. If you believe your copyrighted content has been displayed inappropriately on the Service, please contact our us as noted below. Consult your legal advisor and see 17 U.S.C. ¤512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA:
Phone: (408) 398-7242
1920 Dry Creek Road
San Jose, CA 95124
Email: [email protected]
20. California Residents.
- BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER OR ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER OR ITS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
1920 Dry Creek Road
San Jose, 95124
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. General Terms.
- Assignment and Successors. Something Imagined may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Something Imagined’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. No one other than you and Something Imagined, or Something Imagined’s successors and permitted assigns, will have any right to enforce any of these Terms.
- Severability. If an provision of these Terms is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.
- Effect of Headings. The subject headings of the sections of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- Non-Reliance. Both you and Something Imagined warrant to each other that, in entering these Terms, neither Something Imagined nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.
22. Contact Information.
If you have any questions, please contact us at:
Email: [email protected]
Mail: 99 South Almaden Boulevard Suite 600, San Jose California, US – 95113