Terms and Conditions

TERMS OF SERVICE

These Terms of Service (“Terms“) govern your use of the online services (the “Service”) provided by Immortalize, LLC (“Immortalize”). Our Privacy Policy addresses our collection and use of your information and our Acceptable Use Policy explains our expectations with respect to your behavior in using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” collectively refers to you and your Organization.

Content

The Service allows you to A) create biographies and Timepieces, and B) provide and receive mentorship advice with associated information, text, files and related materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of providing you the Service and associated support; and (ii) improving the operation of the Service.

We reserve the right to remove Content from the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Immortalize.

Obligations

  • You must provide accurate information when you create your Immortalize account.
  • You must comply with our Acceptable Use Policy at all times when using the Service.
  • You are responsible for safeguarding the password and for all activities that occur under your account. You must notify Immortalize immediately if you become aware of any breach of security or unauthorized use of your account.
  • You may never use another user’s account without permission.
  • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so.
  • The Service is not intended for use by persons under the age of 13. By using the Service, you are representing that you are over the age of 13.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (each “Entity” based on domain name for email address) you hereby grant that Entity and its administrator permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes said domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party applications. You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain. Since you can associate more than one email address with your Immortalize account, so you may want to consider associating personal Content with a personal email address.

Use of Third Party Applications

If you choose to utilize third party applications in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policy.

Security

We will utilize industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Data Transfer

In connection with providing you the Service, Immortalize may transfer, store and process your Content in the U.S. or in any other country in which Immortalize or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Termination

You may stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability to Immortalize.

Immortalize’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes Immortalize’s intellectual property and will remain the exclusive property of Immortalize and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

Immortalize respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent using the process set forth in our DMCA Policy.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Immortalize and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

Limited Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMMORTALIZE IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING IMMORTALIZE’S API).

Immortalize makes no representations that the Service is appropriate or available for use in any particular location. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMMORTALIZE, ITS AFFILIATES, AGENTS, DIRECTORS, MANAGER, MEMBERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT IMMORTALIZE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ON ITS ESSENTIAL PURPOSE. IMMORTALIZE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED $100.

Dispute Resolution

*Informal Efforts - *You agree that prior to filing any claim against Immortalize relating to or arising out of these Terms you will first contact us at dispute-note@Immortalize.com to provide us with an opportunity to resolve the issue in an informal manner.

Arbitration - If such dispute is not resolved to the parties’ mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).

*Arbitration Procedures and Fees- *The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in Los Angeles, California. The AAA rules will govern payment of all arbitration fees. Immortalize will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Immortalize will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate - Either you or Immortalize may assert a claim, if it qualifies, in small claims court in Los Angeles, California. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.

No Class Actions - ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forum - In the event that the agreement to arbitrate is found not to apply to your claim, then you and Immortalize agree that any judicial proceedings will be brought in the federal or state courts in Los Angeles, California and both parties consent to venue and personal jurisdiction there.

Governing Law; Entire Agreement; Severability; Waiver

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. These Terms constitute the entire agreement between you and Immortalize concerning the Service and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Immortalize’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.

For questions about these or any Immortalize terms or policies, email us at  policy-questions@immortalize.com.

Last Updated: February 22, 2017

ACCEPTABLE USE POLICY

Users of the Immortalize Service must comply with this Acceptable Use Policy (Policy). Your failure to comply with this Policy may result in suspension or termination of your account. By agreeing to Immortalize’s Terms of Service, this Policy will apply to all users of the Service under your account (the End Users).Acceptable use of the service is subject to the following guidelines.

  1. CONTENT. You may not post any content on the service that:
    • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty;
    • violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity;
    • May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property; or
    • is defamatory, pornographic, libelous, threatening or that constitutes hate speech.
  2. NO MISUSE. You may not to misuse the service. For instance, you may not:
    • access, tamper with, or use non-public areas of the Service, Immortalize’s computer systems, or the technical delivery systems of Immortalize’s providers;
    • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
    • access or search the Services by any means other than Immortalize’s publicly supported interfaces (for example, scraping) ;
    • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
    • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
    • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
    • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
    • send unsolicited communications, promotions advertisements, or spam;
    • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
    • promote or advertise the products or services of others or your own;
    • use the Service for any unlawful purpose or for promotion of illegal activities.

For questions about these or any of Immortalize ’s terms or policies, please email us at policy-questions@immortalize.com.

Last Updated: February 22, 2017

DMCA POLICY & PROCEDURE

This DMCA Policy & Procedure is incorporated by reference with Immortalize’s Terms of Service. Immortalize respects the rights of content owners as we expect users of our service to do the same. We respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe your copyrighted work has been infringed through our service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.

Your written notice must provide the following information:

  1.  Identify the copyrighted work that you claim has been infringed;
  2.  Identify the material that is claimed to be infringing and where it is located on the Service;
  3.  Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and email address;
  4.  Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  5.  Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
  6.  Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Deliver the notice, with the above information completed, to our Designated DMCA Agent at:

  • DMCA Notice
  • Immortalize, LLC
  • c/o Goodman Mooney, LLP
  • 3420 Bristol Street, Sixth Floor
  • Costa Mesa, CA 92626
  • copyright@immortalize.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed repeat infringers. We may also limit access to the service or terminate accounts of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

For questions about these or any Immortalize terms or policies, email us at  policy-questions@immortalize.com.

LAW ENFORCEMENT DATA REQUEST GUIDELINES

These Law Enforcement Data Request Guidelines (“Guidelines”) are incorporated by reference with Immortalize’s Terms of Service. These Guidelines are intended to provide law enforcement authorities with information regarding the process for requesting records from Immortalize. In adherence with our Privacy Policy and Terms of Service, we only respond to law enforcement requests that comply with established legal process and applicable law.

  1. U.S. Legal Process.  We disclose user information solely in accordance with our Terms of Service and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:
    1.  A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
    2.  A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, address, email address(es), and an IP address, if available.
    3.  A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.
  2. U.S. Legal Process.  For requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request may be required to compel the disclosure of content from a user account.
  3. Account Preservation. Pending receipt of a formal request for user data, Immortalize will take reasonable measures to preserve account records in connection with official criminal investigations for a period of 90 days. A request for the preservation of records may be made by mail, fax or email, as indicated below.
  4. Required Information in Connection with a Request.
    1.  Your Contact Information
    2.  Requesting Agency’s name
    3.  Requesting Agent’s name
    4.  Requesting Agent’s badge/identification number
    5.  Requesting Agent’s Agency-issued Email address
    6.  Requesting Agent’s telephone number, including extension
    7.  Requesting Agent’s physical address
    8.  Requested response date
    9.  Data Request Information
    10.  Full name of the Immortalize User
    11.  Email address(es) associated with the User’s account
    12.  A clear and specific description of the data being requested as we are unable to process overly broad or vague requests
  5. Availability of Data. Immortalize will search for and disclose data that is specified with particularity in an appropriate form which is reasonably located and retrieved.
  6. User Notification. Our policy is to notify users of requests, and provide a copy of the actual request, prior to disclosure so the user has an opportunity to challenge the request unless: (a) Immortalize is prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death or potential harm to minors; or (c) prior notice would be counterproductive (i.e., where the account in question has been hijacked). If law enforcement officials believe that notification would jeopardize an investigation, they should obtain a proper court order establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may take action to prevent any further abuse including actions that could notify users who are the subject of a data request that Immortalize is aware of the misconduct.
  7. Submitting Your Request. A data request may be served by fax to 949-622-0024, by certified mail or express courier at the following address: Immortalize, LLC, c/o Goodman Mooney, LLP, 3420 Bristol Street, Sixth Floor, Costa Mesa, CA 92626.
  8. For questions about these or any Immortalize terms or policies, email us at  policy-questions@immortalize.com.

PRIVACY POLICY

This Privacy Policy explains Immortalize’s practices regarding the collection, use and disclosure of the information we collect from and about you when you use Immortalize’s web-based and mobile applications (the “Service”). We take our responsibilities regarding your privacy seriously and have made every effort to draft a clear and understandable Privacy Policy. By accessing or using the Service, you agree to this Privacy Policy, our Terms of Service, and our Acceptable Use Policy.

Collection and Use of Information

Information You Provide to Us

We collect personal information, such as your name, photo and email address, when you register for an account on the Service. Your user name, email address and any profile information that you elect to associate with your account is referred to herein as your “Profile Information.” We use your email address to send you Service-related notices (including any notices required by law) in lieu of communication by postal mail.

In the event that you are not a registered user of our Service, if you email us we may retain a record of such communication, including your email address, the content of your email, and our response. If you use our invitation service to invite a friend to the Service, we will ask you for that person’s contact information, which may include their email address or their social network identity, and automatically send an invitation. Immortalize stores the information you provide to send the invitation, to register your friend if your invitation is accepted, and to track the success of our invitation service.

Your Content

Your use of the Service will involve you uploading or inputting various content into the Service; including but not limited to: Timepieces, This is me, More about me, Remembrance, photos, videos, attachments, comments, and mentorship conversations (collectively referred to as “Content”).

You control how your Content is shared with others via your settings on the Service.

Immortalize may view your Content only as necessary to maintain, provide and improve the Service; (ii) to resolve a support request from you; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our Acceptable Use Policy; (iv) as reasonably necessary to allow Immortalize to comply with or avoid the violation of applicable law or regulation; or (v) to comply with a valid legal subpoena or request that meets the requirements of our Law Enforcement Guidelines. We may also analyze the Content in aggregate and on an anonymized basis, in order to better understand the manner in which our Service is being used.

Automatically Collected Information

Log Files

When you use the Service, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, date and time stamp information, mobile carrier, and other such information. Log files help us to monitor, assess, improve and maintain the Service and to diagnose and fix any Service-related issues.

Device Identifiers

When you access the Service using a mobile or tablet device, we collect specific information contained in the "device identifier" of your mobile or tablet device. This device identifier includes information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your Service account and will use data associated with your device identifier to customize our Services to your device and to analyze any device-related issues.

Cookie Policy

Immortalize utilizes technologies like cookies, pixel tags and web beacons to provide, monitor, analyze, promote and improve the Service. For example, a cookie is used to remember your user name when you return to the Service and to improve our understanding of how you interact with the Service.

You may disable or block cookies by adjusting your browser preferences at any time; however, please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled. We may utilize third-party service providers to obtain analytic services across the Internet. These parties may utilize cookies or similar technologies to gather information about your browsing activities over time and across different websites following your use of the Service. For example, we use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help the website analyze how users use the Service and to enhance their experience when they use the Service. To opt-out of having your data used by Google Analytics, please go to:https://tools.google.com/dlpage/gaoptout/

We do not currently recognize or respond to browser-initiated Do Not Track signals that offer a method to opt out of the collection of information about online activities over time and across third-party websites or online services as there is no consistent industry standard for compliance.

How We Share Your Information

We may share the information we collect from you with third parties as detailed below.

As Directed By You

We will display your public Profile and Home page information on your profile/home page and elsewhere on the Service in accordance with the preferences you set in your account. You can review and revise your Profile and Public information at any time.

We will display your Content within the Service as directed by you.

If you elect to use a third party application to access the Service, then we may share or disclose your account and Profile information and your Content with that third party application as directed by you. Please remember that we are not responsible for the privacy practices of such third parties so you should make sure you trust the application and that it has a privacy policy acceptable to you.

With Trusted Service Providers and Business Partners

We may use trusted third party service providers to assist us in delivering, improving, protecting and promoting our Service. For example, we may use third parties to help host our Service, send out email updates, perform analyses related to the operation of our Service, or process payments. We may also store personal information in locations outside the direct control of Immortalize (for instance, on servers or databases co-located with hosting providers).

These service providers may have access to your information for the limited purpose of providing the service we have contracted with them to provide. They are required to have a privacy policy and security standards in place that are at least as protective of your information as is this Privacy Policy (including those provisions related to compliance with the EU-US Privacy Shield). Immortalize will take all reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU terminology is processing the personal information we entrust to them in a manner that is consistent with the EU-US Privacy Shield Principles. Immortalize is potentially liable in cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield.

With Law Enforcement or In Order to Protect Our Rights

We may disclose your information (including your personally identifiable information) in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. All such requests shall be required to meet our Law Enforcement Guidelines. We may also disclose your information to our legal counsel, governmental authorities or law enforcement if we believe that it is reasonably necessary to do so in order to comply with a law or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect Immortalize’s rights or property.

As Aggregated Non-Personally Identifiable Data.

We may disclose aggregate non-personally identifiable information (such as aggregate and anonymous usage data, platform types, etc.) about the overall use of our Service publicly or with interested third parties to help them understand, or to help us improve, the Service.

Upon the Sale or Change in Control

In the event the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.

Protecting Your Information

The security of your information is very important to us. As part of our service, we encrypt the transmission of sensitive information using industry-standard encryption.

Immortalize uses commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We guard against common web attack vectors, host data in secure SAS 70 audited data centers, and implement firewalls and access restrictions on our servers to secure our network and better protect your information.

For specific questions about security on our Service, you can view our Security Overview Page or contact us at security@immortalize.com

Inherent Risks in Sharing Data

We allow you control over where you share your Content and what information is included in your Profile, This is Me, More About Me, and Timepieces, and take reasonable steps to maintain the security of the information associated with your account, but please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your Content and we are not responsible for third party circumvention of any privacy settings or security measures on the Service.

Choices About Your Information

Personally identifiable information submitted through the Service may be updated or corrected by you at any time by logging into your account. For questions or inquiries regarding the correction or deletion of your personally identifiable information on the Service you may contact us at privacy@immortalize.com.

California Privacy Rights

Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

California Privacy Rights Notice
Immortalize, LLC
c/o Goodman Mooney, LLP
3420 Bristol Street, Sixth Floor
Costa Mesa, CA 92626

*Please allow 30 days for a response.

Children’s Privacy

Our Service is not directed to persons under 13 years of age. Immortalize does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for an account on the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to promptly remove that information. If you believe that we might have any information from or about a child under 13, please contact us at privacy@immortalize.com.

International Data Transfer

We may transfer information that we collect about you, including personally identifiable information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.

Links to Other Web Sites

We are not accountable for the practices employed by websites linked to from within the Service, nor the information or content contained therein. Please keep in mind that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect and your activities on that third party website is subject to such third party website’s own rules and policies.

Do Not Track Signals

Various browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to “do not track” signals.

Changes to Our Privacy Policy

If we modify our Privacy Policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

For questions about these or any Immortalize terms or policies, email us at  policy-questions@immortalize.com.

Last Updated: February 22, 2017

END USER AGREEMENT

These Terms of Service (“Terms“) govern your use of the online services (the “Service”) provided by Immortalize, LLC (“Immortalize”). Our Privacy Policy addresses our collection and use of your information and our Acceptable Use Policy explains our expectations with respect to your behavior in using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” collectively refers to you and your Organization.

Content

The Service allows you to A) create biographies and Timepieces, and B) provide and receive mentorship advice with associated information, text, files and related materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of providing you the Service and associated support; and (ii) improving the operation of the Service.

We reserve the right to remove Content from the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Immortalize.

Obligations

  • You must provide accurate information when you create your Immortalize account.
  • You must comply with our Acceptable Use Policy at all times when using the Service.
  • You are responsible for safeguarding the password and for all activities that occur under your account. You must notify Immortalize immediately if you become aware of any breach of security or unauthorized use of your account.
  • You may never use another user’s account without permission.
  • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so.
  • The Service is not intended for use by persons under the age of 13. By using the Service, you are representing that you are over the age of 13.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (each “Entity” based on domain name for email address) you hereby grant that Entity and its administrator permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes said domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party applications. You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain. Since you can associate more than one email address with your Immortalize account, so you may want to consider associating personal Content with a personal email address.

Use of Third Party Applications

If you choose to utilize third party applications in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policy.

Security

We will utilize industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Data Transfer

In connection with providing you the Service, Immortalize may transfer, store and process your Content in the U.S. or in any other country in which Immortalize or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Termination

You may stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability to Immortalize.

Immortalize’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes Immortalize’s intellectual property and will remain the exclusive property of Immortalize and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

Immortalize respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent using the process set forth in our DMCA Policy.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Immortalize and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

Limited Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMMORTALIZE IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING IMMORTALIZE’S API).

Immortalize makes no representations that the Service is appropriate or available for use in any particular location. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMMORTALIZE, ITS AFFILIATES, AGENTS, DIRECTORS, MANAGER, MEMBERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT IMMORTALIZE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ON ITS ESSENTIAL PURPOSE. IMMORTALIZE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED $100.

Dispute Resolution

*Informal Efforts - *You agree that prior to filing any claim against Immortalize relating to or arising out of these Terms you will first contact us at dispute-note@Immortalize.com to provide us with an opportunity to resolve the issue in an informal manner.

Arbitration - If such dispute is not resolved to the parties’ mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).

*Arbitration Procedures and Fees- *The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in Los Angeles, California. The AAA rules will govern payment of all arbitration fees. Immortalize will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Immortalize will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate - Either you or Immortalize may assert a claim, if it qualifies, in small claims court in Los Angeles, California. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.

No Class Actions - ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forum - In the event that the agreement to arbitrate is found not to apply to your claim, then you and Immortalize agree that any judicial proceedings will be brought in the federal or state courts in Los Angeles, California and both parties consent to venue and personal jurisdiction there.

Governing Law; Entire Agreement; Severability; Waiver

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. These Terms constitute the entire agreement between you and Immortalize concerning the Service and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Immortalize’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.

For questions about these or any Immortalize terms or policies, email us at  policy-questions@immortalize.com.

Last Updated: February 22, 2017

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