Welcome to IMECreative.com! Innovation Media Entertainment LLC (“Innovation Media”, “SoPro”, “IME” or, "us", "our", "we") maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may not, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Innovation Media’s written permission.
These Terms of Service ("Terms") govern your access and use of the Site and all services available through the Site ("Services"). "You" means any registered Member, any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.
If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.
These Terms govern your use of the Innovation Media site.
Innovation Media grants you a limited license to access and use the Site and Services subject to these Terms for your personal use only. You acknowledge that Innovation Media may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Innovation Media.
You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without express permission.
You agree to immediately notify Innovation Media of any unauthorized use of your SoPro or IME account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Innovation Media will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Innovation Media harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to email@example.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Your SoPro or IME Account on the Site may not be sold or otherwise transferred to another person or entity and is limited to a single user per Account.
If your use of the Site is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to the present Terms of Service.
MEMBERSHIP PAYMENT AND TERMS
Once you register to our Services through third party login services or through creation of a SoPro account on the Site, you will be able to access our tools in order to manage your production account. However you will not have access to the full functionality of the Site and the Services if Innovation Media does not allow you to open an Account if you provided false information during the registration process for instance.
Upon creating a SoPro account you will be required to choose a subscription package. Information concerning our available packages can be found on the subscription page. When you sign up for a SoPro package (through third party login services or through creation of a SoPro account on the Site), you receive our Services based on the following pricing policies:
Paid subscription. Your subscription for a SoPro subscription package enables you full access to the Service and its functionality. Scheduling SoPro production services will only be possible following payment.
Billing cycle. All of our packages are based on a periodic (monthly, annual, or otherwise) billing cycle and enable you to book Innovation Media SoPro production services. Your cycle starts on the date that you committed to your package. It resets for a new cycle at the end of the period. Your package entitles you to a certain number of videos per period.
Charges. We accept various forms of payment, as set forth on the Site from time to time. By signing up for SoPro and providing your billing information, you are authorizing us to charge your designated payment method on a recurring basis (now, and again at the beginning of any subsequent subscription period), based on the subscription package you chose. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site. In the case that we have an issue with your current credit (for example: card decline, fraud detection, etc), we will ask you to update your card details before proceeding with your package. If Company does not receive payment from your payment provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your chosen payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will be charged on the date you signed up for a SoPro subscription package (or at the end of your free trial period), and subsequently, you will be charged in advance on or around the last day of each period for the immediately following periodic subscription term.
Subscription renewal. Unless you cancel your subscription on your account management page or notify us of your decision to cancel, your subscription will automatically renew at the then-current fee. We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.
Subscription termination or cancellation. Your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue for an additional equivalent period, at Company's then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your Account at https://imecreative.com, selecting the “Membership” Page and confirming the “cancel membership” or, alternatively, by informing the IME Customer Support Department at firstname.lastname@example.org prior to the renewal commencement date and time. If you want to terminate your and account subscription permanently, please log in and go to the "My Account” page on https://imecreative.com and confirm the “Delete Account.” If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Subscription limits. If you reach your video production limit according to your current package, you will have the option to upgrade to a larger package or buy more video production services a la carte. If you choose to buy extra video production services a la carte, we will bill you for the additional amount before proceeding with the production services.
Refund policy. All fees paid by you for your package subscription plan are nonrefundable. To the greatest extent permissible under applicable law, there are no refunds or credits for partially used periods or for any functionality or content not used while you were subscribed to the paid plan. Following cancellation, however, you will continue to have access to the Services to the end of your current billing period. In extenuating or unusual circumstances, we may, subject to our discretion, provide a partial refund, discount, or other consideration to members, but our providing such accommodations in one instance does not entitle members to such accommodations in the future, even in similar circumstances.
Changing packages. You can upgrade or downgrade your package subscription plan by contacting the IME Customer Service Department at email@example.com (but you may not do so while your subscription is suspended).
Unpaid fees. You agree that failure to pay the SoPro package subscription fee shall forfeit your right to download the video ad produced by Innovation Media and to further share it on the web and Innovation Media may prevent your ability to download such video ad at any time in its sole discretion.
Single user. A SoPro package is valid for only one single end user. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else. If you have registered for a SoPro package on behalf of your employer, please note that each end user of the SoPro package must register for his or her own account.
Unless expressly set forth otherwise on the Site, the SoPro package subscription fee is exclusive of VAT and other applicable taxes. You should make payment without any withholding or deduction for any reason. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred, including applicable taxes.
Innovation Media reserves the right to change or supplement the SoPro package subscription fees and any other charges and billing procedures, at anytime. Such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Innovation Media shall have the right to terminate your account without prior notice.
TERMINATION OF ACCOUNT
You agree that Innovation Media may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Innovation Media.
Termination of Account for any of the above mentioned reasons shall not entitle you to any refund.
If Innovation Media believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior.
If you want to terminate your and account subscription permanently, please log in and go to the "My Account page on https://imecreative.com and confirm the "Delete Account" (but you may not do so while your subscription is suspended).
Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access or use the Services.
CONTENT AND USE RESTRICTIONS
You may download videos that have been produced for you by Innovation Media and use them in the following ways:
Post them at online locations;
Use them for as long as you wish, even after your subscription to the Services expires;
Use as a background video on your website or as a social page cover
You may not, by yourself or through others, use videos that have been produced for you by Innovation Media in any of the following ways:
Broadcast, display or perform the videos on television or cinema;
Edit, manipulate, add, remove or otherwise change in any way whatsoever a video that you've downloaded from the Innovation Media (including, but not limited to, the images, music or texts in the video);
Extract content from the video to use or distribute it separately.
Provide (sub-license) the video, or any component or portion thereof (including, but not limited to, the images, music or texts in it), for others to use or reuse (including, but not limited to reuse as stock, archive or library footage);
Combine the video with another audiovisual piece.
Create, download or use the video as “raw footage” that do not contain text captions and a music track, or use or resell the produced video as stock content in any way or form, online or elsewhere, with the exception of using it as a background video on your website or as a social page cover
Create, download and use “raw music”, that is, use a music track without the accompanying video footage that includes both text captions and the music track.
You may not use musical elements that we provide in order to create episodic series productions or themes, namely television programming or motion picture cinematographic movies.
You may not use images or graphical elements we provide in any of the following manners:
In any manner other than incorporating them into the content that has been produced for you by Innovation Media;
Portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
As a trademark, service mark, or logo;
Implying endorsement of, or affiliation with, your product by people, brands or logos on the image.
YOU MAY NOT USE THE SERVICES IN AN ATTEMPT, OR WITH A VIEW TO DEVELOP, OR CREATE, OR PERMIT OTHERS TO DEVELOP OR CREATE, A PRODUCT OR SERVICE SIMILAR TO OR COMPETITIVE WITH INNOVATION MEDIA.
Innovation Media owns the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Innovation Media, SoPro or any third party.
You retain all right, title and interest in any Content of yours that you submit to Innovation Media. If any third party Content is included in any video we create, you receive no rights in such Content, save the limited right to distribute such Content as embedded in your video, subject to the terms and conditions of these Terms.
By submitting or posting any Content you grant Innovation Media and their successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, display, and perform such Content on, through or in connection with the Site or Services for any purpose and in any medium, including without limitation, for commercially promoting the Site and Services, as well as any other commercially available items on the Site.
DISCLAIMERS & DISCLAIMER OF WARRANTY
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services, and any product made available through the foregoing, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, OR WITH RESPECT TO ANY PRODUCT MADE AVAILABLE THROUGH THE FOREGOING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES. We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. PRIOR TO UPLOADING ANY CONTENT TO THE SITE, YOU SHOULD ENSURE THAT YOU FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE, SUCH CONTENT. IF YOU DO NOT FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE CONTENT, DO NOT UPLOAD CONTENT. YOU SHALL NOT HAVE ANY CLAIMS AGAINST INNOVATION MEDIA, AND YOU HEREBY IRREVOCABLY WAIVE ALL CLAIMS AGAINST INNOVATION MEDIA, IN RESPECT OF THE USE, EDITING, MODIFICATION OR DISTRIBUTION OF ANY CONTENT (A) DESIGNATED AS “PUBLIC” ON THE SITE OR (B) IN RESPECT OF WHICH YOU HAVE PROVIDED THIRD PARTIES WITH A LINK TO SUCH CONTENT. INNOVATION MEDIA DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO WHETHER USER GENERATED CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY.
LIMITATION OF LIABILITY
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE PURCHASE OF PHYSICAL GOODS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PURCHASED GOODS WILL BE THE REFUND BY INNOVATION MEDIA OF THE AMOUNT YOU PAID FOR SUCH PRODUCT.
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Innovation Media cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Innovation Media is not responsible for content or services available by means of such sites. Innovation Media does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Innovation Media may allow you to purchase physical goods from third parties. Innovation Media has no responsibility or liability in respect of the provision of goods or services from any third party.
You agree to indemnify, defend, and hold harmless Innovation Media and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any message or Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the laws of the State of Pennsylvania exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State of Pennsylvania, City, and County of Philadelphia, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action against Innovation Media must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Innovation Media or enables you to act on behalf of Innovation Media. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Innovation Media (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements with regard to your use of the Site.
Last Updated: November 2018
Last Update: November 2018