ImThere

About ImThere

ImThere was designed to help users further enrich their lives, both online and offline, by providing a means to allow users a method for immediately finding information that matches their personal interests, and connect with other users.

Access to and use of www.ImThere.com (“ImThere” or the “Website”) is provided by Ramped Media, Inc., and is subject to the following Terms of Service.

Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. AS A CONDITION OF ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS OF USE PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

Eligibility

Use of and Membership in the ImThere service is void where prohibited. You must be 13 years of age or older to register as a user of ImThere or use to this Website. If you are under the age of 13, you are not allowed to register and become a user of ImThere or access ImThere content, features and services on the Website. ImThere may terminate your Membership and/or prohibit you from using or accessing the ImThere service or the Website for any reason, at any time. By using the ImThere service or Website, you represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information, and that you agree to abide by all of the terms and conditions of these Terms of Service.

Use of the Site

You may use the ImThere service solely for the purposes described on the Website and in accordance with these Terms of Service. For so long as you comply with these Terms of Service, ImThere hereby grants you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to display, reformat and print up to one (1) copy of the content made available to you on the Website, solely for your personal, non-commercial use. You may not modify, reproduce, distribute, sell, or create derivative works based upon the materials on the Website, or post any content from this Website to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of ImThere.

Text Messaging Fees and Other Third Party Charges. Your cell phone, Internet, and other third party service provider(s) may charge connectivity, usage or other fees and charges to send or receive text messages, email, or other communications (“Third Party Charges”). You can modify your user profile settings to control the type of communications you receive through ImThere, or choose not to receive any communications. You are solely responsible for all Third Party Charges incurred in connection with your use of ImThere or under your user account, and agree to indemnify and hold ImThere, its owners, operators, suppliers, and partners harmless from and against any and all such Third Party Charges.

Posting of Content

ImThere does not claim any ownership rights in files, text, images, photos, videos, sounds, musical composures, works of authorship, or any other materials (“Content”) that users post to ImThere. By submitting Content to ImThere you are acknowledging that you are the owner of such works and have the right to submit and distribute such Content. Content submitted to ImThere must not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. All ownership rights to such Content is retained by the submitting user. By displaying or publishing (“posting”) any Content on or through the ImThere services, you hereby grant ImThere a perpetual and irrevocable, royalty-free and fully paid-up license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the ImThere services and for any other type of use, including promotional and advertising purposes and in other format or media now existing or hereafter devised . Consistent with our privacy policy, this license does not grant ImThere the right to sell your personal information.

Prohibited Content and Conduct

ImThere may delete any Content that in the sole judgment of ImThere violates these Terms of Service or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person. ImThere nonetheless assumes no responsibility for Content posted, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor submitting any such Content. Content is not necessarily reviewed by ImThere prior to posting and does not necessarily reflect the opinions and policies of ImThere. ImThere makes no representations or warranties, express or implied, as to the Content or any material or information submitted by users.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through ImThere services. You are strictly prohibited from posting any Content that:

• is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• is pornographic, contains nudity, exploits people in a sexual or violent manner, contains a link to an adult website, or depicts actual sexual conduct;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that you do not have a right to make available under applicable law or under any contractual or fiduciary relationships;
• involves the transmission of “junk mail,” “affiliate marketing,” “chain letters,” “pyramid schemes,” or unsolicited mass mailing, instant messaging, or “spamming”; promotes any criminal or illegal activity;
• promotes information that you know is false, deceptive, misleading, deceitful, or mis-informative;
• advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or ImThere services.

The follow is a partial list of the kind of Activity that is prohibited on or through ImThere services. You may not:

• solicit personal information from anyone under 18;
• contact anyone who as asked not be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial, unlawful or any other purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the ImThere service;
• attempt to gain unauthorized access to ImThere’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ImThere services or Website;
• engage in any automated use of the system, such as using scripts to add users as friends or send comments or messages;
• attempt to impersonate another user, visitor or person; or
• solicit or advertise third party products or services, except in those forums on the Web site where such activities are expressly contemplated.

User Disputes

You are solely responsible for your interactions with other users on the Website. ImThere reserves the right, but has no obligation, to monitor communications and any disputes between you and other users.

Offensive Third Party Content

It is possible that other users or visitors to ImThere may post offensive or inappropriate Content on the Website, and that you may view or be involuntarily exposed to such offensive or inappropriate Content. ImThere does not approve of such unauthorized uses or conduct. However, you acknowledge and agree that ImThere is not responsible for the Content or conduct of other users or visitors to the Website, and shall have no liability for any actions or inaction taken by ImThere in connection therewith.

Use of Personal Information by Third Parties

It is possible for other users or visitors to the Website to obtain personal information about you that you post or make available on the Website, and that the recipient may use such information to harass or injure you. ImThere does not approve of such unauthorized use or conduct. However, you acknowledge and agree that ImThere is not responsible for the use of any personal information that you post on the Website, and shall have no liability for any actions or inaction taken by ImThere in connection therewith. Please carefully select the type of information that you post on the Website or release to others.

Privacy

Use of the Website is governed by our Privacy Policy which can be located at http://www.ImThere.com/pages/show/terms-of-service.

Our Rights in the Website

ImThere, its owners, suppliers, and licensors reserve all right, title and interest in and to the ImThere service and Website and all materials, information, and compilations of information available on or through the Website, as well as the domain name, design, layout, graphics, programming code and “look and feel” of the Website, the trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than the limited license rights expressly granted in these Terms of Service.

Indemnification

You agree to indemnify and hold harmless ImThere, including without limitation Ramped Media, Inc., its officers, employees, agents, directors, subsidiaries, affiliates, suppliers, and partners, from and against any and all claims, demands, actions, investigations, proceedings, damages, losses and expenses of any kind, including reasonable attorneys’ fees, costs of investigation and court costs, arising out of or resulting from your use or misuse of the ImThere service or Website, your posting, viewing, downloading or reliance on Content posted on the Website, your violation of these Terms of Service, or your violation of any rights of another person or entity.

DISCLAIMER

THE WEBSITE, AND ALL PRODUCTS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THIS WEBSITE IS “AT YOUR OWN RISK.” IMTHERE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS WEBSITE , OR ANY INFORMATION, ADVICE, OPINIONS, PRODUCTS, OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THIS WEBSITE. IMTHERE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE SUITABLE, ACCURATE, TIMELY, COMPLETE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. IMTHERE HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL IMTHERE, INCLUDING ITS OWNERS, OPERATORS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE WEBSITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PRODUCTS, SERVICES, INFORMATION OR MATERIALS PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF IMTHERE, INCLUDING ITS OWNERS, OPERATORS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, FOR ALL CLAIMS OR SUITS ARISING FROM OR RELATED TO THIS WEBSITE, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE GREATER OF THE AMOUNTS (IF ANY) PAID BY YOU TO IMTHERE TO ACCESS THIS SITE IN THE THREE (3) MONTHS PRECEDING THE FIRST SUCH CLAIM OR TEN DOLLARS ($10), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.

Links to Third Party Web Sites

Certain links on this Website lead to Web sites maintained by individuals or organizations over which ImThere has no control. These links are for the convenience of visitors to the Website only, and the inclusion of such links should not be construed as any sort of affiliation, sponsorship or endorsement. ImThere shall not be responsible or liable for any products, services or information available on or through any third party Web site.

Links to this Website

We ask that you notify us in advance of your intention to link to this Website. You may not display this Website in frames (or any of the content found on this Website via online links) without express written permission from an authorized representative of ImThere.

Governing Law; Jurisdiction and Venue

These Terms of Service and the relationship between you and us relating to your use of the Website shall be governed by and interpreted in accordance with the laws of the State of Missouri, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within St. Louis County, Missouri for any dispute, claim or action arising out of or related to your use of this Website or these Terms of Service, and hereby waive any objections to the jurisdiction and venue of such courts. You further agree that these courts shall have exclusive jurisdiction over any claims or suits commenced by you against ImThere related to this Website.

Unavailability in Some Jurisdictions

The products, services, and information on this Website are not intended for or available to persons resident in any state or territory where such products, services, or information would be contrary to local law or regulation.

Additional Terms

Certain functionality of this Website may be subject to additional terms and conditions. Your access to and use of such areas and features is conditioned upon your agreement to the additional terms and conditions posted on this Website or otherwise provided to you. All such additional terms and conditions are hereby incorporated into these Terms of Service.

Changes to these Terms of Service

ImThere reserves the right to amend these Terms of Service from time to time by posting the amended terms on this Website. We will notify you of these changes by updating the “Effective Date” for these Terms of Service, or by posting a notice on our Website that the Terms of Service have been changed. However, it remains your responsibility to review the Terms of Service, and your continued use of the Website after we have amended the Terms of Service shall signify your acceptance of the amended terms. These Terms of Service may be modified by you only by obtaining the prior written consent of an authorized representative of ImThere.

Assignment

You may not assign or delegate any right or duty under these Terms of Service or related to this Website without the prior written consent of an authorized representative of ImThere. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. ImThere may assign any right or duty under these Terms of Service or related to the Website with or without notice to you. Subject to the foregoing, these Terms of Service will be binding on and will inure to the benefit of you and ImThere, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

Entire Agreement

These Terms of Service constitute the entire agreement between you and us with regard to your access to and use of this Website, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. No duty or breach of these Terms of Service may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of ImThere. Any waiver (express or implied) of any duty or breach will not constitute a waiver of any other or subsequent duty or breach. In the event any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.

Contacting Us

If you have questions about the Terms of Service for this Website, or any other questions concerning the Website, please contact us at:

ImThere Terms of Service Ramped Media, Inc. 1225 Mackay Place St. Louis, MO USA USA

Tel: 314-563-0001 Fax: 832-383-2438 Email: support@ImThere.com