No collection of Children’s Personal Information
iMODIFY does not knowingly collect or solicit Personally Identifiable Information
from or about children under 13 except as permitted by law. If we discover we have
received any information from a child under 13 in violation of this policy, we will
delete that information immediately. If you believe iMODIFY has any information
from or about anyone under 13, please contact us immediately.
Use of Information
IMODIFY does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant IMODIFY the perpetual,
worldwide, royalty-free, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed. "Publicly accessible"
areas of the Service are those areas of the Service of properties that are intended
by IMODIFY to be available to the general public. By way of example, publicly accessible
areas of the Service would include IMODIFY products, blogs, message boards and site
iMODIFY reserves the right to monitor and log email and Personal Message use and
its content and to access and report on this information; this includes private
and personal use. Data will not be shared with any 3rd party.
We store information that we collect through cookies, log files, clear gifs, and/or
third parties to create a profile of our users. A profile is stored information
that we keep on individual users that detail their user information and preferences.
Consequently, collected information is tied to the user’s personally identifiable
information to provide offers and improve the content of the site for the user.
This profile is used to tailor a user's visit to our Website and to direct pertinent
marketing promotions to them. Your profile is shared in aggregate form only. No
personally identifiable information is shared with any 3rd party.
Email to Friend
Where iMODIFY allows you to email a friend: you warrant that the person to whom
the email is addressed has consented to the email being sent; and indemnify iMODIFY,
its servants and agents against all actions, claims and demands (including the cost
of defending or setting any actions, claims and demands) arising out of or in respect
of sending any email or any contravention of the SPAM Act 2003.
A cookie is a piece of data stored on the user's computer tied to information about
the user. We use both session ID cookies and persistent cookies. For the session
ID cookie, once users close the browser, the cookie simply terminates. A persistent
cookie is a small text file stored on the user's hard drive for an extended period
of time. By setting a cookie on our site, users would not have to log in a password
more than once, thereby saving time while on our site. If users reject the cookie,
they may still use our site. The only drawback to this is that the user will be
limited in some areas of our site. For example, the user may not be able to view
areas of the site requiring user login.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. IMODIFY AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IMODIFY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMODIFY
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
You agree that IMODIFY may, under certain circumstances and without prior notice,
immediately terminate your IMODIFY account, any associated e-mail address, and access
to the Service. If such termination does not result from your breach of the
for the period subsequent to the termination.
Goods and Services Provided By iMODIFY
If iMODIFY offers goods or services to you, including advertising any item for sale
on the iMODIFY website, the services are subject to additional terms and conditions.
To the extent of any inconsistency between these terms and conditions and the additional
terms and conditions, the additional terms will prevail to the extent of the inconsistency.
Goods and Services Provided By Third Parties
if goods and services are offered on or through the iMODIFY website by third parties
- You are responsible for all relevant searches
- iMODIFY does not act as any persons agent or broker; arrange any contract between
you and any person or; provide any warranty in relation to any persons goods or
- iMODIFY will not be responsible for the terms of any transaction between you and
any person; any goods or services purchased by you from any person or; resolving
any dispute between you and any person.
iMODIFY may augment information supplied by users. Whilst iMODIFY requests users
to check this information, it may be possible for information to be inaccurate.
iMODIFY strongly recommends that you check with the associated user that all information
in relation to their goods and service is accurate.
Communication with Third Parties
Your dealings or communications through iMODIFY with any party other than iMODIFY
are solely between you and that third party. For example, certain areas of iMODIFY
may allow you to conduct transactions or purchase goods or services. In most cases,
these transactions will be conducted by our third-party partners and vendors. Under
no circumstances will iMODIFY be liable for any goods, services, resources or content
available through such third party dealings or communications, or for any harm related
thereto. Please review carefully that third party's policies and practices and make
sure you are comfortable with them before you engage in any transaction. Complaints,
concerns or questions relating to materials provided by third parties should be
forwarded directly to the third party.
During your visit to iMODIFY you may link to, or view as part of a frame, certain
content that is actually created or hosted by a third party. You may be introduced
to, or be able to access, information, Websites, advertisements, features, contests
or sweepstakes offered by other parties. iMODIFY is not responsible for the actions
or policies of such third parties. You should check the applicable terms of service
and privacy policies of those third parties when providing information on such a
feature or page.
Modification to Service
IMODIFY reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that IMODIFY shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
iMODIFY Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by IMODIFY or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
IMODIFY grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by IMODIFY for use in accessing the Service.
You agree to indemnify and hold IMODIFY and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of the Terms
of Use, or your violation of any rights of another.
- By "iMODIFY" we mean the features and services we make available, including
through (a) our website at www.imodify.com.au
and any other iMODIFY branded or co-branded websites (including sub-domains, international
versions, widgets, and mobile versions); (b) our Platform; and (c) other media,
software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean iMODIFY PTY LTD, or
if you are outside of the Australia, iMODIFY Corp.
- By "Platform" we mean a set of APIs and services that enable others, including
application developers and website operators, to retrieve data from iMODIFY or provide
data to us.
- By "information" we mean facts and other information about you, including
actions you take.
- By "content" we mean anything you post on iMODIFY that would not be included
in the definition of "information."
- By "data" we mean content and information that third parties can retrieve
from iMODIFY or provide to iMODIFY through Platform.
- By "post" we mean post on iMODIFY or otherwise make available to us (such
as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into iMODIFY
at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses
Platform, as well as anything else that receives data from us.
Trademarks and Copyrights
Material on the iMODIFY website is © iMODIFY PTY LTD 2010. All rights reserved.
Unless otherwise indicated on the iMODIFY website, the material on the iMODIFY website
is owned by or licensed to iMODIFY and is subject to copyright (the "Copyright
Material"). You may:
- only copy or reproduce the Copyright Material for the purpose of browsing the iMODIFY
website or making a copy for your own personal, private or research use, provided
that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material or remove any legal notice associated
iMODIFY and other names of iMODIFY product and/or services referenced herein are
trademarks or registered trademarks of iMODIFY PTY LTD. Other product and company
names mentioned on the iMODIFY website may be the trademarks of their respective
In consideration of iMODIFY allowing you to access and use the iMODIFY website you
grant to iMODIFY a non exclusive, payment free, perpetual, irrevocable license to
reproduce, modify, delete, adapt and publish any material you post, upload or otherwise
transmit via Communications Services and to sub-license the same for such purposes
The information on this internet site may be used and reproduced by users for non-commercial
purposes only without further permission. No material on this internet site may
be used, reproduced, distributed, stored in an electronic or other retrieval system,
adapted, uploaded to a third party location, framed, performed in public or transmitted
in any form by any process whatsoever without the written permission from the iMODIFY
Terms Occasional Update
notification to its members.