Imagine If… Community Donations
Effective June 1, 2018
Welcome to Imagine If…Community Donations! By using this Site and the Services, in addition to any Additional Policies applicable to any particular features, content and functionality of the Services (incorporated into the Terms by reference), offered by Imagine If…, Users agree to be bound by these Terms.
Imagine If… may amend the Terms at any time in our sole discretion by posting a revised version of the Terms. Unless we make clear otherwise, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify Users by sending an email, posting a notice through the Services, or any other place(s) appropriate.
What Is Imagine If…Community Donations?
Imagine If Community Donations is an online crowdfunding platform for Users to seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer Perks to Contributors in thanks for the Contributors’ donation of funds.
Your Account and Obligations
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in
a. You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. If you do so, we may cancel your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Imagine If… immediately by contacting us at firstname.lastname@example.org.To the extent
permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
b. Deleting your account. You may submit a request to delete your account by contacting us email@example.com, but this will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
c. You must be 18 years old. You must be 18 years or older to sign up for an account and use our Services. If younger, you need parent/guardian involvement and responsibility.
d. Follow the law and our policies. You may not take any action that violates the law, infringes or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward anyone. You may not offer any Perks that are illegal, violate any of Imagine If’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
e. Be truthful. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
f. Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.
g. Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters . Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
h. Respect the property of others. You may not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User. You may not access our Site or Services if we have prohibited you from doing so.
i. Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that we have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other Imagine If… or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
j. Respect privacy. When you use the Services or create a Campaign, you may receive information about other Users, including personally-identifiable information such as names, email addresses, and physical addresses. This information is provided purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.
Creating and Running a Campaign
When you, as a Campaign Owner create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both Imagine If… and with Contributors, and the following rules apply (in addition to the all other Terms and Additional Policies).
a. Service Fees. Campaign Owners are charged a Service Fee as a portion of the Contributions they raise (the “Service Fees”). The Service Fees are effective on the date that the Service Fees are posted, and may be updated from time to time. Service Fees will be charged at the then-current rate.
b. Right to Withhold Funds. Campaign Owners should not assume that they will receive Contributions made to a Campaign. There may be a delay between the end of a Campaign and our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, Imagine If… may hold Contributions made to a Campaign, or from any third parties holding Contributions to a Campaign, if the Campaign Owner violates any Terms (as determined by Imagine If… in its sole discretion). Imagine If… may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
c. Refunds. Refunds must be handled by the Campaign Owner, and Imagine If… has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. Imagine If reserves the right to terminate User Accounts and remove Campaigns for any abuse.
Legal obligations of Campaign Owners
As a Campaign Owner, you are entering into a legal agreement with a Contributor when they make a Contribution to your Campaign, which includes the following obligations (in addition to the all other Terms and Additional Policies):
a. Make good faith efforts to fulfill the Perks associated with a Campaign in the timeframe that is communicated to Contributors.
b. Immediately notify Contributors if there are obstacles or delays.
c. Respond promptly and truthfully to all questions posed to them by Contributors.
d. Provide substantive and quality updates at least once a month to Contributors.
e. If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Perks.
f. Comply with all applicable laws and regulations in the use of Contributions and delivery of Perks.
Backing a Campaign
When a Contributor makes a Contribution to a Campaign, Contributor understands that the following rules and terms apply (in addition to any other Additional Policies as mentioned in the Additional Policies section above).
a. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
b. No Guarantee. The date to deliver a Perk is an estimate by the Campaign Owner (not Imagine If…) and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date. Imagine If…does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Imagine If… also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services.
c. Limited Refund. Imagine If… offers a limited refund to Contributors only where the Campaign has not ended, the Contributor has not received a Reward (as confirmed by Imagine If…), and the Contribution has not been sent to the Campaign Owner (full terms of the Refund Policy apply). Imagine If… does not offer refunds outside of our Refund Policy. In any situation where refunds are not available under the Refund Policy, a Contributor should contact the Campaign Owner directly to request a refund. Imagine If… may at its discretion facilitate communications between a Campaign Owner and Contributor, but we have
no obligation to do so or to become involved in any way in any dispute.
d. Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
e. Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (i.e. color or size of a t-shirt), or may ask for your feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide the requested information within the requested time frame to receive the Perk, otherwise, it will not be fulfilled. Campaign Owners should not ask for information that is not required to fulfill a Perk and should not request sensitive personal information such a Social Security number or credit card/banking information. Please contact us if you receive a request for information that appears to be excessive.
f. Taxes are your responsibility. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes.
Imagine If’s Role
a. We do not endorse any User Content. While Imagine If… supports the creation of Campaigns, we only provide the Site for Users to interact. We do not pre-screen any Campaigns or endorse any User Content on our site.
b. We may remove User Content in our discretion. If you see User Content that violates these Terms, then let us know and we may remove it. Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate and determine if User Content should be removed. We do not communicate our reasons for removing, or keeping, User Content on the Site.
c. We do not guarantee Perks or Refunds offered by Campaign Owner. Campaign Owners are solely responsible for the delivery of Perks and offering refunds outside of our Refund Policy. However, Imagine If… will assure you a Thank You Reward for your level of donation. If Reward you select is no longer, you may choose another from same category.
d. We do not provide tax or legal advice to Users. Users are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
e. We do not become involved in legal disputes between Users. Though we may facilitate discussions between Users who have disputes with each other, Imagine If… takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Campaign Owners and Contributors.
f. You are responsible for your Campaigns, even if you engage our help. Imagine If… may offer services to Users, including without limitation, helping with drafting Campaign content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Such services will be subject to separate agreement between Campaign Owners and Imagine If…. Even if we help with your Campaign, Campaign Owners remain solely responsible for the Campaign and must comply with all obligations herein as the only responsible party for the Campaign.
Fees and Taxes
a. Service Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Service Fee as a portion of the Contributions they raise. The Service Fees are effective on the date that the Service Fees are posted, and will be announced on Service Fee page. Imagine If… will provide certain amenities for fees. See Committee page on site.
b. Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Imagine If… may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Imagine If… will provide Campaign Owners with a tax document if required by the relevant taxing authorities. Imagine If… is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice.
Our Intellectual Property
a. Imagine If… Intellectual Property. Imagine If’s Services, Content and Marks, are legally protected in a number of ways, including copyright, trademark, service marks, patents, trade secrets, and other U.S. and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Imagine If Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
b. Limited User Rights; License to Imagine If… Content. Imagine If…grants you a limited license to access and use User Content and Imagine If… Content, solely for use of the Services (the license is worldwide, non-exclusive, non-sublicensable, non-transferable license), in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or Imagine If…Content unless we give you explicit permission to do so. User Content and Imagine If… Content is licensed, and not sold, to you. We reserve the right to revoke this license to access and use User Content and Imagine If…Content granted to you at any time.
Your Intellectual Property
Your User Content remains your property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. When you submit User Content to the Site or via the Services, you agree to the following terms:
a. You allow us to use User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content.
b. We can make changes to or delete User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.
c. You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary
to grant the rights set forth in these Terms to Indiegogo with respect to your User Content; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party
for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
· How to report Copyright and covered other Intellectual Property issues
We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity our Site and Services. The Digital Millennium Copyright Act (“DMCA”) sets out the legal system to report notices of alleged copyright infringement, and Imagine If… also maintains policies concerning claims of trademark and patent infringement. We will respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Intellectual Property Policy. We reserve the right to delete or disable User Content alleged to be infringing, and to terminate user accounts for repeat infringers (in our sole discretion). To submit a claim of copyright infringement, please Contact Us.
· Imagine If…’s Rights Concerning User Accounts; Termination
a. We have the right to monitor, terminate, suspend, or delete any User Account at any time for any reason, or no reason. It is our policy not to
comment on any reasons for termination and we have no obligation to provide you with a reason for termination. b. We will not have any liability to you or third parties for any use of the Services associated with your account or Campaign. Upon termination, you must cease all use of the Services and User Content. All representations and warranties shall survive termination.
a. Credit card payment processing services for Campaign Owners on Imagine If… are provided by PayPal, Inc. and are subject to the PayPal Connected Account Agreement, which includes the PayPal Terms of Service . As a Campaign Owner, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition to Indiegogo enabling credit card payment processing services through, PayPal, you agree to provide Imagine If… accurate and complete information about you and your business, and you authorize Imagine If… to share any such information with PayPal, as well as transaction information related to your use of the payment processing services provided by PayPal. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card
processing or third party payment services.
System Outages and Maintenance
The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. We are not
responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.
· Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, ideas that you submit might be similar or even identical to a submission received by us or another User. When we refer to a ‘submission’ in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, and suggested changes) sent to us via the Site or any other manner about an existing product or service on, or a feature of, or a proposed addition to, the Indiegogo platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submissions, you agree as follows:
a. All such Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;Users should not send confidential or proprietary Unsolicited Idea Submissions to us via the Services or through other means such as email;
b. By submitting an Unsolicited Idea Submission, you hereby grant Imagine If… a perpetual, irrevocable, worldwide, non-exclusive, royalty-
free, sub-licenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea
Submission in connection with the Services, and for Imagine If…’s (and its successor’s) business, including without limitation, for promoting and
redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels
whether now known or hereafter developed, without payment or accounting to the User providing the Unsolicited Idea Submission or others; and
c. While we appreciate your ideas, we are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.
a. You agree to defend, indemnify and hold harmless Imagine If…, its subsidiaries and affiliated companies, and their officers, directors,
employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages,
obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
IMAGINE IF… HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, IMAGINE IF… CONTENT, USER CONTENT, AND ANY OTHER MATERIALS
MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMAGINE IF AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IMAGINE IF AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF IMAGINE IF OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Disclaimer of Liability
a. Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Perk or
Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Perks, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. Indiegogo is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
b. You release us from all claims. When you use the Services, you release IMAGINE If… from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All Content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER IMAGINE IF… NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMAGINE IF… HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF IMAGINE IF… AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO IMAGINE IF BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
· “Campaign Owners” are those Users who raise funds through the Site and Services;
· “Campaigns” are Campaign Owners’ fundraising campaigns through the Services;
· “Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof offered through the Services;
· “Contributors” refers to those Users contributing funds to Campaigns;
· “Contributions” refers to funds donated to Campaigns by Contributors;
· “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
· “Imagine If…,” “we,” ”our” or “us” refers to Imagine If…, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
· “Imagine If… Content” refers to Content provided by Imagine If to Users in connection with the Services, including, without limitation, the software, the products and the site;
· “Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
· “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any Imagine If… Content;
· “Perks” refers to the gifts or rewards in the form of tangible items or intangible services offered by Campaign Owners to Contributors;
· “PII” refers to personally-identifiable information, as that term is defined under all applicable law;
· “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
· “Site” refers to the Imagine If… website(s);
· “User,” “you,” or “your” refers to Campaign Owners, Contributors or any other visitor to the Site or users of the Services, either individually or collectively;
· “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.
· Full Agreement Between You and Us
These Terms are the entire agreement between You and Imagine If… with respect to the Services. They supersede all other communications and proposals
(whether oral, written, or electronic) between you and Imagine If with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Imagine If…’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there
shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Imagine If…’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.