Terms of Use

Terms of Use

Impressed Interactive Ltd. (“Impressed”) was founded on the principle of bringing the elegance of beautiful photo books together with the speed and simplicity of mobile devices. These Terms of Use apply to your access and use of the Impressed website (located at www.impressedapp.com) and use of the Impressed services, collectively called “Impressed Products and Services”. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using Impressed Products and Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these terms.

We reserve the right to change or modify these Terms of Use or any policy or guideline of Impressed Products and Services, at any time. Impressed encourages visitors to frequently check this page for any changes to its Terms of Use. Any changes or modification will be effective immediately upon posting of the revisions on our website, and you waive any right you may have to receive specific notice of such changes or modifications.

Your continued use of Impressed Products and Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Privacy Policy

Registration Data

You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms in Impressed Products and Services (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

User Content and Sharing Functions

Impressed Products and Services include sharing and requesting-to-share functions (“Sharing Functions”) through which you or other users may share, store or otherwise make available certain information, multimedia content and/or other materials (“User Content”). When you use the Sharing Function, the shared User Content is stored on our server and a link is sent to the private email address of the recipient. Similar to other online sharing services, anyone with access to this link will be able to view your shared User Content. You are solely responsible for your use of the Sharing Functions and use them at your own risk.

By using an Sharing Function, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Impressed Products and Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, province, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sharing Functions of Impressed Products and Services.

Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sharing Functions of Impressed Products and Services.

As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or during Sharing Functions. Although we have no obligation to screen, edit or monitor any of the User Content posted during the Sharing Functions, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content shared or stored while using Impressed Products and Services and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you share or store while using Impressed Products and Services, at your sole cost and expense.

We do not own the User Content you share while using Impressed Products and Services, but in sharing User Content using Impressed Products and Services, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with Impressed Products and Services. You may cancel this license at any time by sending us an email at support@impressedapp.com to remove the User Content from Impressed Products and Services.

Third Party Content

We may share third party content on Impressed Products and Services and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.

Hyperlinks

You are granted a right to create a text hyperlink to Impressed Products and Services for noncommercial purposes, provided such link does not portray us or Impressed Products and Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use, frame or utilize framing techniques to enclose any Impressed trademark, logo or other proprietary information, including the images found at Impressed Products and Services, the content of any text or the layout/design of any page or form contained on a page on Impressed Products and Services without our express written consent.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from Impressed Products and Services or sites linking to Impressed Products and Services.

Advertising and Promotions

Third party products and services

We may run advertisements and promotions from third parties inside Impressed Products and Services or may otherwise provide information about or links to third-party products or services inside Impressed Products and Services. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Impressed advertisers or third party information inside Impressed Products and Services.

Copyright & Limited License

Unless otherwise indicated on Impressed Products and Services, Impressed Products and Services and all content and other materials inside them, including, but not limited to, our logo and all designs, text, graphics, pictures, audio, video, information, data, software and the selection and arrangement thereof (collectively, the “Impressed Products and Services Materials”) are our proprietary property or our licensors or users and are protected by Canadian, U.S. and international copyright laws.

By registering as a user, you are granted a limited, non-sublicensable license to access and use Impressed Products and Services and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Impressed Products and Services Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms of Use and does not include: (i) any resale or commercial use of the Impressed Products and Services or the Impressed Products and Services Materials therein; (ii) the distribution, public performance or public display of any Impressed Products and Services Materials; (iii) modifying or otherwise making any derivative uses of Impressed Products and Services and the Impressed Products and Services Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of Impressed Products and Services, the Impressed Products and Services Materials or any information contained therein, except as expressly permitted on Impressed Products and Services; or (vi) any use of Impressed Products and Services or the Impressed Products and Services Materials other than for its intended purpose. Any use of Impressed Products and Services or the Impressed Products and Services Materials other than as specifically authorized in these Terms of Use, without the our prior written permission, is strictly prohibited and will terminate the license granted in these Terms of Use. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of Impressed Products and Services, the Impressed Products and Services Materials, and/or Sharing Functions; (ii) your conduct; (iii) your violation of these Terms of Use or your violation of the rights of any third party; or (iv) any User Content.

Disclaimer

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, Impressed Products and Services, THE Impressed Products and Services MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT,

ANY HYPERLINKS, AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR Impressed Products and Services (COLLECTIVELY, “IMPRESSED PRODUCTS/CONTENT/SERVICES”) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY IMPRESSED PRODUCTS/CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY IMPRESSED PRODUCTS/CONTENT/SERVICES.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL IMPRESSED PRODUCTS/CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE IMPRESSED PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA IMPRESSED PRODUCTS/CONTENT/SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE IMPRESSED PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA IMPRESSED PRODUCTS/CONTENT/SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to Impressed Products and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on Impressed Products and Services infringes upon any copyright which you own or control you may file a notification of such infringement with us at:

Impressed Interactive Ltd.
22 Gristmill Ln
Toronto, ON
M5A 3C4
E-mail Address: support@impressedapp.com

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Termination

We have the right, without notice and in sole discretion, to terminate your license to use Impressed Products and Services and to block or prevent your future access to and use of Impressed Products and Services.

Applicable Law and Venue

These Terms of Use and your use of Impressed Products and Services will be governed by and construed in accordance with the laws of the province of Ontario, Canada, applicable to agreements made and to be entirely performed within the province of Ontario, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the provincial and federal courts located in Toronto Ontario, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Questions and Contact Information

Questions or comments about Impressed Products and Services may be directed to us at the email address

info@impressedapp.com

Last Revised: July 12, 2013

Privacy Policy

Impressed Trademark

Impressed Interactive Ltd. (hereafter “Impressed Interactive”) maintains its website as a service to the Internet community. Access to and use of www.impressedapp.com is subject to the terms and conditions set forth herein and all applicable laws. Impressed Interactive may revise these terms and conditions from time to time by updating this posting

This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by Impressed Interactive or others with all rights reserved unless otherwise noted. The content, without the express written permission of Impressed Interactive or the rightful owner, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed or otherwise used by any mechanical or electronic means, except as provided herein.

Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Impressed Interactive or others, including, but not limited to, IMPRESSED INTERACTIVE™, IMPRESSED™ and BOW TIE DESIGN.