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Terms
of
Conditions
For
Imminent
Flair

Terms
of
Conditions
1.
AGREEMENT
TO
TERMS These
Terms
of
Use
constitute
a
legally
binding
agreement
made
between
you, whether
personally
or
on
behalf
of
an
entity
(“you”)
and
Imminent
Flair
("Company," “we,"
“us,"
or
“our”),
concerning
your
access
to
and
use
of
the
imminentflair.com website
as
well
as
any
other
media
form,
media
channel,
mobile
website
or
mobile application
related,
linked,
or
otherwise
connected
thereto
(collectively,
the
“Site”).
We are
registered
in
New
York,
United
States
and
have
our
registered
office
at
244
Fifth Avenue
,
C209,
New
York,
NY
10001.
You
agree
that
by
accessing
the
Site,
you
have read,
understood,
and
agreed
to
be
bound
by
all
of
these
Terms
of
Use.
IF
YOU
DO NOT
AGREE
WITH
ALL
OF
THESE
TERMS
OF
USE,
THEN
YOU
ARE
EXPRESSLY PROHIBITED
FROM
USING
THE
SITE
AND
YOU
MUST
DISCONTINUE
USE IMMEDIATELY. Supplemental
terms
and
conditions
or
documents
that
may
be
posted
on
the
Site
from time
to
time
are
hereby
expressly
incorporated
herein
by
reference.
We
reserve
the right,
in
our
sole
discretion,
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make
changes
or
modifications
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Terms
of
Use from
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to
time.
We
will
alert
you
about
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changes
by
updating
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“Last
updated” date
of
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and
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waive
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right
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receive
specific
notice
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each such
change.
Please
ensure
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you
check
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applicable
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every
time
you
use our
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so
that
you
understand
which
Terms
apply.
You
will
be
subject
to,
and
will
be deemed
to
have
been
made
aware
of
and
to
have
accepted,
the
changes
in
any revised
Terms
of
Use
by
your
continued
use
of
the
Site
after
the
date
such
revised Terms
of
Use
are
posted. The
information
provided
on
the
Site
is
not
intended
for
distribution
to
or
use
by
any person
or
entity
in
any
jurisdiction
or
country
where
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or
use
would
be contrary
to
law
or
regulation
or
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Accordingly,
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extent
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Site
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Insurance Portability
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(HIPAA),
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Information
Security
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(FISMA),
etc.),
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if
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You
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Act
(GLBA). The
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least
18
years
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Persons
under
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age
of 18
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Site. 2.
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PROPERTY
RIGHTS Unless
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indicated,
the
Site
is
our
proprietary
property
and
all
source
code, databases,
functionality,
software,
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designs,
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Site
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service marks,
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controlled
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or licensed
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trademark
laws
and
various
other intellectual
property
rights
and
unfair
competition
laws
of
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United
States, international
copyright
laws,
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international
conventions.
The
Content
and
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Marks are
provided
on
the
Site
“AS
IS”
for
your
information
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personal
use
only.
Except
as expressly
provided
in
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Terms
of
Use,
no
part
of
the
Site
and
no
Content
or
Marks may
be
copied,
reproduced,
aggregated,
republished,
uploaded,
posted,
publicly displayed,
encoded,
translated,
transmitted,
distributed,
sold,
licensed,
or
otherwise exploited
for
any
commercial
purpose
whatsoever,
without
our
express
prior
written permission. Provided
that
you
are
eligible
to
use
the
Site,
you
are
granted
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limited
license
to access
and
use
the
Site
and
to
download
or
print
a
copy
of
any
portion
of
the
Content to
which
you
have
properly
gained
access
solely
for
your
personal,
non-commercial use.
We
reserve
all
rights
not
expressly
granted
to
you
in
and
to
the
Site,
the
Content and
the
Marks. 3.
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REPRESENTATIONS By
using
the
Site,
you
represent
and
warrant
that:
(1)
all
registration
information
you submit
will
be
true,
accurate,
current,
and
complete;
(2)
you
will
maintain
the
accuracy of
such
information
and
promptly
update
such
registration
information
as
necessary;
(3) you
have
the
legal
capacity
and
you
agree
to
comply
with
these
Terms
of
Use;
(4)
you are
not
a
minor
in
the
jurisdiction
in
which
you
reside;
(5)
you
will
not
access
the
Site through
automated
or
non-human
means,
whether
through
a
bot,
script,
or
otherwise; (6)
you
will
not
use
the
Site
for
any
illegal
or
unauthorized
purpose;
and
(7)
your
use
of the
Site
will
not
violate
any
applicable
law
or
regulation. If
you
provide
any
information
that
is
untrue,
inaccurate,
not
current,
or
incomplete,
we have
the
right
to
suspend
or
terminate
your
account
and
refuse
any
and
all
current
or future
use
of
the
Site
(or
any
portion
thereof). 4.
USER
REGISTRATION You
may
be
required
to
register
with
the
Site.
You
agree
to
keep
your
password confidential
and
will
be
responsible
for
all
use
of
your
account
and
password.
We reserve
the
right
to
remove,
reclaim,
or
change
a
username
you
select
if
we
determine, in
our
sole
discretion,
that
such
username
is
inappropriate,
obscene,
or
otherwise objectionable. 5.
PROHIBITED
ACTIVITIES You
may
not
access
or
use
the
Site
for
any
purpose
other
than
that
for
which
we
make the
Site
available.
The
Site
may
not
be
used
in
connection
with
any
commercial endeavors
except
those
that
are
specifically
endorsed
or
approved
by
us. As
a
user
of
the
Site,
you
agree
not
to: ▪
Systematically
retrieve
data
or
other
content
from
the
Site
to
create
or
compile, directly
or
indirectly,
a
collection,
compilation,
database,
or
directory
without written
permission
from
us. ▪
Trick,
defraud,
or
mislead
us
and
other
users,
especially
in
any
attempt
to
learn sensitive
account
information
such
as
user
passwords. ▪
Circumvent,
disable,
or
otherwise
interfere
with
security-related
features
of
the Site,
including
features
that
prevent
or
restrict
the
use
or
copying
of
any
Content or
enforce
limitations
on
the
use
of
the
Site
and/or
the
Content
contained
therein. ▪
Disparage,
tarnish,
or
otherwise
harm,
in
our
opinion,
us
and/or
the
Site. ▪
Use
any
information
obtained
from
the
Site
in
order
to
harass,
abuse,
or
harm another
person. ▪
Make
improper
use
of
our
support
services
or
submit
false
reports
of
abuse
or misconduct. ▪
Use
the
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in
a
manner
inconsistent
with
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applicable
laws
or
regulations. ▪
Engage
in
unauthorized
framing
of
or
linking
to
the
Site. ▪
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
viruses,
Trojan
horses,
or other
material,
including
excessive
use
of
capital
letters
and
spamming (continuous
posting
of
repetitive
text),
that
interferes
with
any
party’s uninterrupted
use
and
enjoyment
of
the
Site
or
modifies,
impairs,
disrupts,
alters,or
interferes
with
the
use,
features,
functions,
operation,
or
maintenance
of
the Site. ▪
Engage
in
any
automated
use
of
the
system,
such
as
using
scripts
to
send comments
or
messages,
or
using
any
data
mining,
robots,
or
similar
data gathering
and
extraction
tools. ▪
Delete
the
copyright
or
other
proprietary
rights
notice
from
any
Content. ▪
Attempt
to
impersonate
another
user
or
person
or
use
the
username
of
another user. ▪
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as a
passive
or
active
information
collection
or
transmission
mechanism,
including without
limitation,
clear
graphics
interchange
formats
(“gifs”),
1×1
pixels,
web bugs,
cookies,
or
other
similar
devices
(sometimes
referred
to
as
“spyware”
or “passive
collection
mechanisms”
or
“pcms”). ▪
Interfere
with,
disrupt,
or
create
an
undue
burden
on
the
Site
or
the
networks
or services
connected
to
the
Site. ▪
Harass,
annoy,
intimidate,
or
threaten
any
of
our
employees
or
agents
engaged in
providing
any
portion
of
the
Site
to
you. ▪
Attempt
to
bypass
any
measures
of
the
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designed
to
prevent
or
restrict access
to
the
Site,
or
any
portion
of
the
Site. ▪
Copy
or
adapt
the
Site’s
software,
including
but
not
limited
to
Flash,
PHP,
HTML, JavaScript,
or
other
code. ▪
Except
as
permitted
by
applicable
law,
decipher,
decompile,
disassemble,
or reverse
engineer
any
of
the
software
comprising
or
in
any
way
making
up
a
part of
the
Site. ▪
Except
as
may
be
the
result
of
standard
search
engine
or
Internet
browser usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that accesses
the
Site,
or
using
or
launching
any
unauthorized
script
or
other software. ▪
Use
a
buying
agent
or
purchasing
agent
to
make
purchases
on
the
Site. ▪
Make
any
unauthorized
use
of
the
Site,
including
collecting
usernames
and/or email
addresses
of
users
by
electronic
or
other
means
for
the
purpose
of sending
unsolicited
email,
or
creating
user
accounts
by
automated
means
or under
false
pretenses. ▪
Use
the
Site
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Site and/or
the
Content
for
any
revenue-generating
endeavor
or
commercial enterprise. ▪
Use
the
Site
to
advertise
or
offer
to
sell
goods
and
services. ▪
Sell
or
otherwise
transfer
your
profile. ▪
Alter
or
distribute
any
copyrighted
objects,
pictures
or
video. 6.
USER
GENERATED
CONTRIBUTIONS The
Site
may
invite
you
to
chat,
contribute
to,
or
participate
in
blogs,
message
boards, online
forums,
and
other
functionality,
and
may
provide
you
with
the
opportunity
to create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content and
materials
to
us
or
on
the
Site,
including
but
not
limited
to
text,
writings,
video, audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or
other material
(collectively,
"Contributions").
Contributions
may
be
viewable
by
other
users
of the
Site
and
through
third-party
websites.
As
such,
any
Contributions
you
transmit
may be
treated
as
non-confidential
and
non-proprietary.
When
you
create
or
make
available any
Contributions,
you
thereby
represent
and
warrant
that: ▪
The
creation,
distribution,
transmission,
public
display,
or
performance,
and
the accessing,
downloading,
or
copying
of
your
Contributions
do
not
and
will
not infringe
the
proprietary
rights,
including
but
not
limited
to
the
copyright,
patent, trademark,
trade
secret,
or
moral
rights
of
any
third
party. ▪
You
are
the
creator
and
owner
of
or
have
the
necessary
licenses,
rights, consents,
releases,
and
permissions
to
use
and
to
authorize
us,
the
Site,
and other
users
of
the
Site
to
use
your
Contributions
in
any
manner
contemplated
by the
Site
and
these
Terms
of
Use. ▪
You
have
the
written
consent,
release,
and/or
permission
of
each
and
every identifiable
individual
person
in
your
Contributions
to
use
the
name
or
likeness
of each
and
every
such
identifiable
individual
person
to
enable
inclusion
and
use
of your
Contributions
in
any
manner
contemplated
by
the
Site
and
these
Terms
of Use. ▪
Your
Contributions
are
not
false,
inaccurate,
or
misleading. ▪
Your
Contributions
are
not
unsolicited
or
unauthorized
advertising,
promotional materials,
pyramid
schemes,
chain
letters,
spam,
mass
mailings,
or
other
forms of
solicitation. ▪
Your
Contributions
are
not
obscene,
lewd,
lascivious,
filthy,
violent,
harassing, libelous,
slanderous,
or
otherwise
objectionable
(as
determined
by
us). ▪
Your
Contributions
do
not
ridicule,
mock,
disparage,
intimidate,
or
abuse
anyone. ▪
Your
Contributions
are
not
used
to
harass
or
threaten
(in
the
legal
sense
of
those terms)
any
other
person
and
to
promote
violence
against
a
specific
person
or class
of
people. ▪
Your
Contributions
do
not
violate
any
applicable
law,
regulation,
or
rule. ▪
Your
Contributions
do
not
violate
the
privacy
or
publicity
rights
of
any
third
party. ▪
Your
Contributions
do
not
violate
any
applicable
law
concerning
child pornography,
or
otherwise
intended
to
protect
the
health
or
well-being
of
minors.
▪
Your
Contributions
do
not
include
any
offensive
comments
that
are
connected
to race,
national
origin,
gender,
sexual
preference,
or
physical
handicap. ▪
Your
Contributions
do
not
otherwise
violate,
or
link
to
material
that
violates,
any provision
of
these
Terms
of
Use,
or
any
applicable
law
or
regulation. Any
use
of
the
Site
in
violation
of
the
foregoing
violates
these
Terms
of
Use
and
may result
in,
among
other
things,
termination
or
suspension
of
your
rights
to
use
the
Site. 7.
CONTRIBUTION
LICENSE By
posting
your
Contributions
to
any
part
of
the
Site,
you
automatically
grant,
and
you represent
and
warrant
that
you
have
the
right
to
grant,
to
us
an
unrestricted,
unlimited, irrevocable,
perpetual,
non-exclusive,
transferable,
royalty-free,
fully-paid,
worldwide right,
and
license
to
host,
use,
copy,
reproduce,
disclose,
sell,
resell,
publish, broadcast,
retitle,
archive,
store,
cache,
publicly
perform,
publicly
display,
reformat, translate,
transmit,
excerpt
(in
whole
or
in
part),
and
distribute
such
Contributions (including,
without
limitation,
your
image
and
voice)
for
any
purpose,
commercial, advertising,
or
otherwise,
and
to
prepare
derivative
works
of,
or
incorporate
into
other works,
such
Contributions,
and
grant
and
authorize
sublicenses
of
the
foregoing.
The use
and
distribution
may
occur
in
any
media
formats
and
through
any
media
channels. This
license
will
apply
to
any
form,
media,
or
technology
now
known
or
hereafter developed,
and
includes
our
use
of
your
name,
company
name,
and
franchise
name, as
applicable,
and
any
of
the
trademarks,
service
marks,
trade
names,
logos,
and personal
and
commercial
images
you
provide.
You
waive
all
moral
rights
in
your Contributions,
and
you
warrant
that
moral
rights
have
not
otherwise
been
asserted
in your
Contributions. We
do
not
assert
any
ownership
over
your
Contributions.
You
retain
full
ownership
of all
of
your
Contributions
and
any
intellectual
property
rights
or
other
proprietary
rights associated
with
your
Contributions.
We
are
not
liable
for
any
statements
or representations
in
your
Contributions
provided
by
you
in
any
area
on
the
Site.
You
are solely
responsible
for
your
Contributions
to
the
Site
and
you
expressly
agree
to exonerate
us
from
any
and
all
responsibility
and
to
refrain
from
any
legal
action
against us
regarding
your
Contributions. We
have
the
right,
in
our
sole
and
absolute
discretion,
(1)
to
edit,
redact,
or
otherwise change
any
Contributions;
(2)
to
re-categorize
any
Contributions
to
place
them
in
more appropriate
locations
on
the
Site;
and
(3)
to
pre-screen
or
delete
any
Contributions
at any
time
and
for
any
reason,
without
notice.
We
have
no
obligation
to
monitor
your Contributions. 8.
GUIDELINES
FOR
REVIEWS We
may
provide
you
areas
on
the
Site
to
leave
reviews
or
ratings.
When
posting
a review,
you
must
comply
with
the
following
criteria:
(1)
you
should
have
firsthand experience
with
the
person/entity
being
reviewed;
(2)
your
reviews
should
not
contain offensive
profanity,
or
abusive,
racist,
offensive,
or
hate
language;
(3)
your
reviews should
not
contain
discriminatory
references
based
on
religion,
race,
gender,
national origin,
age,
marital
status,
sexual
orientation,
or
disability;
(4)
your
reviews
should
not contain
references
to
illegal
activity;
(5)
you
should
not
be
affiliated
with
competitors
if posting
negative
reviews;
(6)
you
should
not
make
any
conclusions
as
to
the
legality
of conduct;
(7)
you
may
not
post
any
false
or
misleading
statements;
and
(8)
you
may
not organize
a
campaign
encouraging
others
to
post
reviews,
whether
positive
or
negative. We
may
accept,
reject,
or
remove
reviews
in
our
sole
discretion.
We
have
absolutely no
obligation
to
screen
reviews
or
to
delete
reviews,
even
if
anyone
considers
reviews objectionable
or
inaccurate.
Reviews
are
not
endorsed
by
us,
and
do
not
necessarily represent
our
opinions
or
the
views
of
any
of
our
affiliates
or
partners.
We
do
not assume
liability
for
any
review
or
for
any
claims,
liabilities,
or
losses
resulting
from
any review.
By
posting
a
review,
you
hereby
grant
to
us
a
perpetual,
non-exclusive, worldwide,
royalty-free,
fully-paid,
assignable,
and
sublicensable
right
and
license
to reproduce,
modify,
translate,
transmit
by
any
means,
display,
perform,
and/or
distribute all
content
relating
to
reviews. 9.
MOBILE
APPLICATION
LICENSE Use
License If
you
access
the
Site
via
a
mobile
application,
then
we
grant
you
a
revocable,
nonexclusive, non-transferable,
limited
right
to
install
and
use
the
mobile
application
on wireless
electronic
devices
owned
or
controlled
by
you,
and
to
access
and
use
the mobile
application
on
such
devices
strictly
in
accordance
with
the
terms
and
conditions of
this
mobile
application
license
contained
in
these
Terms
of
Use.
You
shall
not:
(1) except
as
permitted
by
applicable
law,
decompile,
reverse
engineer,
disassemble, attempt
to
derive
the
source
code
of,
or
decrypt
the
application;
(2)
make
any modification,
adaptation,
improvement,
enhancement,
translation,
or
derivative
work from
the
application;
(3)
violate
any
applicable
laws,
rules,
or
regulations
in
connection with
your
access
or
use
of
the
application;
(4)
remove,
alter,
or
obscure
any
proprietary
notice
(including
any
notice
of
copyright
or
trademark)
posted
by
us
or
the
licensors
of us
or
the
licensors
of. the
application;
(5)
use
the
application
for
any
revenue
generating
endeavor, commercial
enterprise,
or
other
purpose
for
which
it
is
not
designed
or
intended;
(6) make
the
application
available
over
a
network
or
other
environment
permitting
access or
use
by
multiple
devices
or
users
at
the
same
time;
(7)
use
the
application
for creating
a
product,
service,
or
software
that
is,
directly
or
indirectly,
competitive
with
or in
any
way
a
substitute
for
the
application;
(8)
use
the
application
to
send
automated queries
to
any
website
or
to
send
any
unsolicited
commercial
e-mail;
or
(9)
use
any proprietary
information
or
any
of
our
interfaces
or
our
other
intellectual
property
in
the design,
development,
manufacture,
licensing,
or
distribution
of
any
applications, accessories,
or
devices
for
use
with
the
application. Apple
and
Android
Devices The
following
terms
apply
when
you
use
a
mobile
application
obtained
from
either
the Apple
Store
or
Google
Play
(each
an
“App
Distributor”)
to
access
the
Site:
(1)
the license
granted
to
you
for
our
mobile
application
is
limited
to
a
non-transferable
license to
use
the
application
on
a
device
that
utilizes
the
Apple
iOS
or
Android
operating systems,
as
applicable,
and
in
accordance
with
the
usage
rules
set
forth
in
the applicable
App
Distributor’s
terms
of
service;
(2)
we
are
responsible
for
providing
any maintenance
and
support
services
with
respect
to
the
mobile
application
as
specified
in the
terms
and
conditions
of
this
mobile
application
license
contained
in
these
Terms
of Use
or
as
otherwise
required
under
applicable
law,
and
you
acknowledge
that
each App
Distributor
has
no
obligation
whatsoever
to
furnish
any
maintenance
and
support services
with
respect
to
the
mobile
application;
(3)
in
the
event
of
any
failure
of
the mobile
application
to
conform
to
any
applicable
warranty,
you
may
notify
the
applicable App
Distributor,
and
the
App
Distributor,
in
accordance
with
its
terms
and
policies,
may refund
the
purchase
price,
if
any,
paid
for
the
mobile
application,
and
to
the
maximum extent
permitted
by
applicable
law,
the
App
Distributor
will
have
no
other
warranty obligation
whatsoever
with
respect
to
the
mobile
application;
(4)
you
represent
and warrant
that
(i)
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
(ii)
you
are
not
listed
on
any
U.S.
government
list
of
prohibited or
restricted
parties;
(5)
you
must
comply
with
applicable
third-party
terms
of agreement
when
using
the
mobile
application,
e.g.,
if
you
have
a
VoIP
application,
then you
must
not
be
in
violation
of
their
wireless
data
service
agreement
when
using
the mobile
application;
and
(6)
you
acknowledge
and
agree
that
the
App
Distributors
are third-party
beneficiaries
of
the
terms
and
conditions
in
this
mobile
application
license contained
in
these
Terms
of
Use,
and
that
each
App
Distributor
will
have
the
right
(and will
be
deemed
to
have
accepted
the
right)
to
enforce
the
terms
and
conditions
in
this mobile
application
license
contained
in
these
Terms
of
Use
against
you
as
a
third-party beneficiary
thereof. 10.
SUBMISSIONS You
acknowledge
and
agree
that
any
questions,
comments,
suggestions,
ideas, feedback,
or
other
information
regarding
the
Site
("Submissions")
provided
by
you
to
us are
non-confidential
and
shall
become
our
sole
property.
We
shall
own
exclusive
rights, including
all
intellectual
property
rights,
and
shall
be
entitled
to
the
unrestricted
use
and dissemination
of
these
Submissions
for
any
lawful
purpose,
commercial
or
otherwise, without
acknowledgment
or
compensation
to
you.
You
hereby
waive
all
moral
rights
to any
such
Submissions,
and
you
hereby
warrant
that
any
such
Submissions
are
original with
you
or
that
you
have
the
right
to
submit
such
Submissions.
You
agree
there
shall be
no
recourse
against
us
for
any
alleged
or
actual
infringement
or
misappropriation
of any
proprietary
right
in
your
Submissions. 11.
SITE
MANAGEMENT We
reserve
the
right,
but
not
the
obligation,
to:
(1)
monitor
the
Site
for
violations
of these
Terms
of
Use;
(2)
take
appropriate
legal
action
against
anyone
who,
in
our
sole discretion,
violates
the
law
or
these
Terms
of
Use,
including
without
limitation,
reporting such
user
to
law
enforcement
authorities;
(3)
in
our
sole
discretion
and
without limitation,
refuse,
restrict
access
to,
limit
the
availability
of,
or
disable
(to
the
extent technologically
feasible)
any
of
your
Contributions
or
any
portion
thereof;
(4)
in
our
sole discretion
and
without
limitation,
notice,
or
liability,
to
remove
from
the
Site
or
otherwise disable
all
files
and
content
that
are
excessive
in
size
or
are
in
any
way
burdensome
to our
systems;
and
(5)
otherwise
manage
the
Site
in
a
manner
designed
to
protect
our rights
and
property
and
to
facilitate
the
proper
functioning
of
the
Site. 12.
PRIVACY
POLICY We
care
about
data
privacy
and
security.
Please
review
our
Privacy Policy:
https://imminentflair.com/project-details-5-bottom-containercenter. html.
By
using
the
Site,
you
agree
to
be
bound
by
our
Privacy
Policy,
which
is incorporated
into
these
Terms
of
Use.
Please
be
advised
the
Site
is
hosted
in
the United
States.
If
you
access
the
Site
from
any
other
region
of
the
world
with
laws
or other
requirements
governing
personal
data
collection,
use,
or
disclosure
that
differ from
applicable
laws
in
the
United
States,
then
through
your
continued
use
of
the
Site, you
are
transferring
your
data
to
the
United
States,
and
you
agree
to
have
your
data transferred
to
and
processed
in
the
United
States. 13.
DIGITAL
MILLENNIUM
COPYRIGHT
ACT
(DMCA) NOTICE
AND
POLICY Notifications We
respect
the
intellectual
property
rights
of
others.
If
you
believe
that
any
material available
on
or
through
the
Site
infringes
upon
any
copyright
you
own
or
control,
please immediately
notify
our
Designated
Copyright
Agent
using
the
contact
information provided
below
(a
“Notification”).
A
copy
of
your
Notification
will
be
sent
to
the
person who
posted
or
stored
the
material
addressed
in
the
Notification.
Please
be
advised
that pursuant
to
federal
law
you
may
be
held
liable
for
damages
if
you
make
material misrepresentations
in
a
Notification.
Thus,
if
you
are
not
sure
that
material
located
on or
linked
to
by
the
Site
infringes
your
copyright,
you
should
consider
first
contacting
an attorney. All
Notifications
should
meet
the
requirements
of
DMCA
17
U.S.C.
§
512(c)(3)
and include
the
following
information:
(1)
A
physical
or
electronic
signature
of
a
person authorized
to
act
on
behalf
of
the
owner
of
an
exclusive
right
that
is
allegedly
infringed; (2)
identification
of
the
copyrighted
work
claimed
to
have
been
infringed,
or,
if
multiple copyrighted
works
on
the
Site
are
covered
by
the
Notification,
a
representative
list
of such
works
on
the
Site;
(3)
identification
of
the
material
that
is
claimed
to
be
infringing or
to
be
the
subject
of
infringing
activity
and
that
is
to
be
removed
or
access
to
which
is to
be
disabled,
and
information
reasonably
sufficient
to
permit
us
to
locate
the
material; (4)
information
reasonably
sufficient
to
permit
us
to
contact
the
complaining
party,
such as
an
address,
telephone
number,
and,
if
available,
an
email
address
at
which
the complaining
party
may
be
contacted;
(5)
a
statement
that
the
complaining
party
has
a good
faith
belief
that
use
of
the
material
in
the
manner
complained
of
is
not
authorized by
the
copyright
owner,
its
agent,
or
the
law;
and
(6)
a
statement
that
the
information
in the
notification
is
accurate,
and
under
penalty
of
perjury,
that
the
complaining
party
is authorized
to
act
on
behalf
of
the
owner
of
an
exclusive
right
that
is
allegedly
infringed upon. Counter
Notification If
you
believe
your
own
copyrighted
material
has
been
removed
from
the
Site
as
a result
of
a
mistake
or
misidentification,
you
may
submit
a
written
counter
notification
to our
Designated
Copyright
Agent
using
the
contact
information
provided
below
(a “Counter
Notification”).
To
be
an
effective
Counter
Notification
under
the
DMCA,
your Counter
Notification
must
include
substantially
the
following:
(1)
identification
of
the material
that
has
been
removed
or
disabled
and
the
location
at
which
the
material appeared
before
it
was
removed
or
disabled;
(2)
a
statement
that
you
consent
to
the jurisdiction
of
the
Federal
District
Court
in
which
your
address
is
located,
or
if
your address
is
outside
the
United
States,
for
any
judicial
district
in
which
we
are
located;
(3) a
statement
that
you
will
accept
service
of
process
from
the
party
that
filed
the Notification
or
the
party's
agent;
(4)
your
name,
address,
and
telephone
number;
(5)
a statement
under
penalty
of
perjury
that
you
have
a
good
faith
belief
that
the
material
in question
was
removed
or
disabled
as
a
result
of
a
mistake
or
misidentification
of
the material
to
be
removed
or
disabled;
and
(6)
your
physical
or
electronic
signature. If
you
send
us
a
valid,
written
Counter
Notification
meeting
the
requirements
described above,
we
will
restore
your
removed
or
disabled
material,
unless
we
first
receive
notice from
the
party
filing
the
Notification
informing
us
that
such
party
has
filed
a
court
action to
restrain
you
from
engaging
in
infringing
activity
related
to
the
material
in
question. Please
note
that
if
you
materially
misrepresent
that
the
disabled
or
removed
content was
removed
by
mistake
or
misidentification,
you
may
be
liable
for
damages,
including costs
and
attorney's
fees.
Filing
a
false
Counter
Notification
constitutes
perjury. Designated
Copyright
Agent Catrina
Turner Attn:
Copyright
Agent 244
Fifth
Avenue C209 New
York,
NY
10001 United
States
[email protected]
14.
TERM
AND
TERMINATION These
Terms
of
Use
shall
remain
in
full
force
and
effect
while
you
use
the
Site. WITHOUT
LIMITING
ANY
OTHER
PROVISION
OF
THESE
TERMS
OF
USE,
WE RESERVE
THE
RIGHT
TO,
IN
OUR
SOLE
DISCRETION
AND
WITHOUT
NOTICE OR
LIABILITY,
DENY
ACCESS
TO
AND
USE
OF
THE
SITE
(INCLUDING
BLOCKING CERTAIN
IP
ADDRESSES),
TO
ANY
PERSON
FOR
ANY
REASON
OR
FOR
NO REASON,
INCLUDING
WITHOUT
LIMITATION
FOR
BREACH
OF
ANY REPRESENTATION,
WARRANTY,
OR
COVENANT
CONTAINED
IN
THESE
TERMS OF
USE
OR
OF
ANY
APPLICABLE
LAW
OR
REGULATION.
WE
MAY
TERMINATE YOUR
USE
OR
PARTICIPATION
IN
THE
SITE
OR
DELETE
YOUR
ACCOUNT AND
ANY
CONTENT
OR
INFORMATION
THAT
YOU
POSTED
AT
ANY
TIME, WITHOUT
WARNING,
IN
OUR
SOLE
DISCRETION. If
we
terminate
or
suspend
your
account
for
any
reason,
you
are
prohibited
from registering
and
creating
a
new
account
under
your
name,
a
fake
or
borrowed
name,
or
the
name
of
any
third
party,
even
if
you
may
be
acting
on
behalf
of
the
third
party. addition
to
terminating
or
suspending
your
account,
we
reserve
the
right
to
take appropriate
legal
action,
including
without
limitation
pursuing
civil,
criminal,
and injunctive
redress. 15.
MODIFICATIONS
AND
INTERRUPTIONS We
reserve
the
right
to
change,
modify,
or
remove
the
contents
of
the
Site
at
any
time or
for
any
reason
at
our
sole
discretion
without
notice.
However,
we
have
no
obligation to
update
any
information
on
our
Site.
We
also
reserve
the
right
to
modify
or discontinue
all
or
part
of
the
Site
without
notice
at
any
time.
We
will
not
be
liable
to
you or
any
third
party
for
any
modification,
price
change,
suspension,
or
discontinuance
of the
Site. We
cannot
guarantee
the
Site
will
be
available
at
all
times.
We
may
experience hardware,
software,
or
other
problems
or
need
to
perform
maintenance
related
to
the Site,
resulting
in
interruptions,
delays,
or
errors.
We
reserve
the
right
to
change,
revise, update,
suspend,
discontinue,
or
otherwise
modify
the
Site
at
any
time
or
for
any reason
without
notice
to
you.
You
agree
that
we
have
no
liability
whatsoever
for
any loss,
damage,
or
inconvenience
caused
by
your
inability
to
access
or
use
the
Site during
any
downtime
or
discontinuance
of
the
Site.
Nothing
in
these
Terms
of
Use
will be
construed
to
obligate
us
to
maintain
and
support
the
Site
or
to
supply
any corrections,
updates,
or
releases
in
connection
therewith. 16.
GOVERNING
LAW These
Terms
of
Use
and
your
use
of
the
Site
are
governed
by
and
construed
in accordance
with
the
laws
of
the
State
of
New
York
applicable
to
agreements
made
and to
be
entirely
performed
within
the
State
of
New
York,
without
regard
to
its
conflict
of law
principles. 17.
DISPUTE
RESOLUTION Any
legal
action
of
whatever
nature
brought
by
either
you
or
us
(collectively,
the “Parties”
and
individually,
a
“Party”)
shall
be
commenced
or
prosecuted
in
the
state
and federal
courts
located
in
New
York,
New
York,
and
the
Parties
hereby
consent
to,
and waive
all
defenses
of
lack
of
personal
jurisdiction
and
forum
non
conveniens
with respect
to
venue
and
jurisdiction
in
such
state
and
federal
courts.
Application
of
the United
Nations
Convention
on
Contracts
for
the
International
Sale
of
Goods
and
the Uniform
Computer
Information
Transaction
Act
(UCITA)
are
excluded
from
these
Terms of
Use.
In
no
event
shall
any
claim,
action,
or
proceeding
brought
by
either
Party related
in
any
way
to
the
Site
be
commenced
more
than
three
(3)
years
after
the
cause of
action
arose. 18.
CORRECTIONS There
may
be
information
on
the
Site
that
contains
typographical
errors,
inaccuracies, or
omissions,
including
descriptions,
pricing,
availability,
and
various
other
information. We
reserve
the
right
to
correct
any
errors,
inaccuracies,
or
omissions
and
to
change
or update
the
information
on
the
Site
at
any
time,
without
prior
notice. 19.
DISCLAIMER THE
SITE
IS
PROVIDED
ON
AN
AS-IS
AND
AS-AVAILABLE
BASIS.
YOU
AGREE THAT
YOUR
USE
OF
THE
SITE
AND
OUR
SERVICES
WILL
BE
AT
YOUR
SOLE RISK.
TO
THE
FULLEST
EXTENT
PERMITTED
BY
LAW,
WE
DISCLAIM
ALL WARRANTIES,
EXPRESS
OR
IMPLIED,
IN
CONNECTION
WITH
THE
SITE
AND YOUR
USE
THEREOF,
INCLUDING,
WITHOUT
LIMITATION,
THE
IMPLIED WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT.
WE
MAKE
NO
WARRANTIES
OR
REPRESENTATIONS ABOUT
THE
ACCURACY
OR
COMPLETENESS
OF
THE
SITE’S
CONTENT
OR
THE CONTENT
OF
ANY
WEBSITES
LINKED
TO
THE
SITE
AND
WE
WILL
ASSUME
NO LIABILITY
OR
RESPONSIBILITY
FOR
ANY
(1)
ERRORS,
MISTAKES,
OR INACCURACIES
OF
CONTENT
AND
MATERIALS,
(2)
PERSONAL
INJURY
OR PROPERTY
DAMAGE,
OF
ANY
NATURE
WHATSOEVER,
RESULTING
FROM
YOUR ACCESS
TO
AND
USE
OF
THE
SITE,
(3)
ANY
UNAUTHORIZED
ACCESS
TO
OR USE
OF
OUR
SECURE
SERVERS
AND/OR
ANY
AND
ALL
PERSONAL INFORMATION
AND/OR
FINANCIAL
INFORMATION
STORED
THEREIN,
(4)
ANY INTERRUPTION
OR
CESSATION
OF
TRANSMISSION
TO
OR
FROM
THE
SITE,
(5) ANY
BUGS,
VIRUSES,
TROJAN
HORSES,
OR
THE
LIKE
WHICH
MAY
BE TRANSMITTED
TO
OR
THROUGH
THE
SITE
BY
ANY
THIRD
PARTY,
AND/OR
(6) ANY
ERRORS
OR
OMISSIONS
IN
ANY
CONTENT
AND
MATERIALS
OR
FOR
ANY LOSS
OR
DAMAGE
OF
ANY
KIND
INCURRED
AS
A
RESULT
OF
THE
USE
OF
ANY CONTENT
POSTED,
TRANSMITTED,
OR
OTHERWISE
MADE
AVAILABLE
VIA
THE SITE.
WE
DO
NOT
WARRANT,
ENDORSE,
GUARANTEE,
OR
ASSUME RESPONSIBILITY
FOR
ANY
PRODUCT
OR
SERVICE
ADVERTISED
OR
OFFERED BY
A
THIRD
PARTY
THROUGH
THE
SITE,
ANY
HYPERLINKED
WEBSITE,
OR
ANY WEBSITE
OR
MOBILE
APPLICATION
FEATURED
IN
ANY
BANNER
OR
OTHER
ADVERTISING,
AND
WE
WILL
NOT
BE
A
PARTY
TO
OR
IN
ANY
WAY
BE RESPONSIBLE
FOR
MONITORING
ANY
TRANSACTION
BETWEEN
YOU
AND
ANY 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. 20.
LIMITATIONS
OF
LIABILITY IN
NO
EVENT
WILL
WE
OR
OUR
DIRECTORS,
EMPLOYEES,
OR
AGENTS
BE LIABLE
TO
YOU
OR
ANY
THIRD
PARTY
FOR
ANY
DIRECT,
INDIRECT, CONSEQUENTIAL,
EXEMPLARY,
INCIDENTAL,
SPECIAL,
OR
PUNITIVE DAMAGES,
INCLUDING
LOST
PROFIT,
LOST
REVENUE,
LOSS
OF
DATA,
OR OTHER
DAMAGES
ARISING
FROM
YOUR
USE
OF
THE
SITE,
EVEN
IF
WE
HAVE BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING
TO
THE
CONTRARY
CONTAINED
HEREIN,
OUR
LIABILITY
TO
YOU FOR
ANY
CAUSE
WHATSOEVER
AND
REGARDLESS
OF
THE
FORM
OF
THE ACTION,
WILL
AT
ALL
TIMES
BE
LIMITED
TO
THE
AMOUNT
PAID,
IF
ANY,
BY
YOU TO
US.
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF CERTAIN
DAMAGES.
IF
THESE
LAWS
APPLY
TO
YOU,
SOME
OR
ALL
OF
THE ABOVE
DISCLAIMERS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU,
AND
YOU
MAY HAVE
ADDITIONAL
RIGHTS. 21.
INDEMNIFICATION You
agree
to
defend,
indemnify,
and
hold
us
harmless,
including
our
subsidiaries, affiliates,
and
all
of
our
respective
officers,
agents,
partners,
and
employees,
from
and against
any
loss,
damage,
liability,
claim,
or
demand,
including
reasonable
attorneys’ fees
and
expenses,
made
by
any
third
party
due
to
or
arising
out
of:
(1)
your Contributions;
(2)
use
of
the
Site;
(3)
breach
of
these
Terms
of
Use;
(4)
any
breach
of your
representations
and
warranties
set
forth
in
these
Terms
of
Use;
(5)
your
violation of
the
rights
of
a
third
party,
including
but
not
limited
to
intellectual
property
rights;
or
(6) any
overt
harmful
act
toward
any
other
user
of
the
Site
with
whom
you
connected
via the
Site.
Notwithstanding
the
foregoing,
we
reserve
the
right,
at
your
expense,
to assume
the
exclusive
defense
and
control
of
any
matter
for
which
you
are
required
to indemnify
us,
and
you
agree
to
cooperate,
at
your
expense,
with
our
defense
of
such claims.
We
will
use
reasonable
efforts
to
notify
you
of
any
such
claim,
action,
or proceeding
which
is
subject
to
this
indemnification
upon
becoming
aware
of
it. 22.
USER
DATA We
will
maintain
certain
data
that
you
transmit
to
the
Site
for
the
purpose
of
managing the
performance
of
the
Site,
as
well
as
data
relating
to
your
use
of
the
Site.
Although we
perform
regular
routine
backups
of
data,
you
are
solely
responsible
for
all
data
that you
transmit
or
that
relates
to
any
activity
you
have
undertaken
using
the
Site.
You agree
that
we
shall
have
no
liability
to
you
for
any
loss
or
corruption
of
any
such
data, and
you
hereby
waive
any
right
of
action
against
us
arising
from
any
such
loss
or corruption
of
such
data. 23.
ELECTRONIC
COMMUNICATIONS,
TRANSACTIONS, AND
SIGNATURES Visiting
the
Site,
sending
us
emails,
and
completing
online
forms
constitute
electronic communications.
You
consent
to
receive
electronic
communications,
and
you
agree that
all
agreements,
notices,
disclosures,
and
other
communications
we
provide
to
you electronically,
via
email
and
on
the
Site,
satisfy
any
legal
requirement
that
such communication
be
in
writing.
YOU
HEREBY
AGREE
TO
THE
USE
OF
ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS,
AND
OTHER
RECORDS,
AND
TO ELECTRONIC
DELIVERY
OF
NOTICES,
POLICIES,
AND
RECORDS
OF TRANSACTIONS
INITIATED
OR
COMPLETED
BY
US
OR
VIA
THE
SITE.
You
hereby waive
any
rights
or
requirements
under
any
statutes,
regulations,
rules,
ordinances,
or other
laws
in
any
jurisdiction
which
require
an
original
signature
or
delivery
or
retention of
non-electronic
records,
or
to
payments
or
the
granting
of
credits
by
any
means
other than
electronic
means. 24.
CALIFORNIA
USERS
AND
RESIDENTS If
any
complaint
with
us
is
not
satisfactorily
resolved,
you
can
contact
the
Complaint Assistance
Unit
of
the
Division
of
Consumer
Services
of
the
California
Department
of Consumer
Affairs
in
writing
at
1625
North
Market
Blvd.,
Suite
N
112,
Sacramento, California
95834
or
by
telephone
at
(800)
952-5210
or
(916)
445-1254. 25.
MISCELLANEOUS These
Terms
of
Use
and
any
policies
or
operating
rules
posted
by
us
on
the
Site
or
in
respect
to
the
Site
constitute
the
entire
agreement
and
understanding
between
you
and us.
Our
failure
to
exercise
or
enforce
any
right
or
provision
of
these
Terms
of
Use
shall not
operate
as
a
waiver
of
such
right
or
provision.
These
Terms
of
Use
operate
to
the fullest
extent
permissible
by
law.
We
may
assign
any
or
all
of
our
rights
and
obligations to
others
at
any
time.
We
shall
not
be
responsible
or
liable
for
any
loss,
damage,
delay, or
failure
to
act
caused
by
any
cause
beyond
our
reasonable
control.
If
any
provision
or part
of
a
provision
of
these
Terms
of
Use
is
determined
to
be
unlawful,
void,
or unenforceable,
that
provision
or
part
of
the
provision
is
deemed
severable
from
these Terms
of
Use
and
does
not
affect
the
validity
and
enforceability
of
any
remaining provisions.
There
is
no
joint
venture,
partnership,
employment
or
agency
relationship created
between
you
and
us
as
a
result
of
these
Terms
of
Use
or
use
of
the
Site.
You agree
that
these
Terms
of
Use
will
not
be
construed
against
us
by
virtue
of
having drafted
them.
You
hereby
waive
any
and
all
defenses
you
may
have
based
on
the electronic
form
of
these
Terms
of
Use
and
the
lack
of
signing
by
the
parties
hereto
to execute
these
Terms
of
Use. 26.
CONTACT
US In
order
to
resolve
a
complaint
regarding
the
Site
or
to
receive
further
information regarding
use
of
the
Site,
please
contact
us
at: Imminent
Flair 244
Fifth
Avenue C209 New
York,
NY
10001 United
States Phone:
212-381-1772 Fax:
212-381-1772
[email protected]
Contact
Us

If you have any questions about these terms and conditions, please contact us @support.imminentflair.com.

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