Contact+ Terms of Use

Hello and thank you for using Contact+ !

Contact+, is provided to you by IMPERIUM MEDIA. (“Contact+”, “we”, “us”, “our”). We provide services to update and manage contact information (collectively, including our Apps, Integrations, and APIs, the “Services”). More specifically, we provide plug-ins (e.g., for gmail), client apps for smartphone and operating system (e.g., for iPhone, Android, Mac, etc.), and functionality that allows small trusted groups of end users to collaborate together on a team based list of shared contacts, all for end users, or groups of users, to improve their contact information (our “Apps”). We provide first party integrations with other systems (e.g. Zapier, Hubspot, Slack, etc.) and workflows for end users to improve their contact information (our “Integrations”). We also provides an API for developers (“Developers”) to create developer apps. These Terms of Use (this “Agreement”) applies to both Developers and End Users. As used herein, “End User” means an end user of a Site, a Developer App, an Integration, or our App(s). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

This Agreement sets forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.

1. Accounts.

In order to use certain features of the Site or Services (e.g., if you are a Developer or End User), you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the registration form. In addition, you may voluntarily choose to create an Account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with Section 9. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. N’utilisez pas nos Services de façon impropre. Ne tentez pas, par exemple, de produire des interférences avec nos Services ou d’y accéder en utilisant une méthode autre que l’interface et les instructions que nous mettons à votre disposition. Vous ne devez utiliser nos Services que dans le respect des lois en vigueur, y compris les lois et réglementations applicables concernant le contrôle des exportations et ré-exportations. Nous pouvons suspendre ou cesser la fourniture de nos Services si vous ne respectez pas les conditions ou règlements applicables, ou si nous examinons une suspicion d’utilisation impropre.
L’utilisation de nos Services ne vous confère aucun droit de propriété intellectuelle sur nos Services ni sur les contenus auxquels vous accédez. Vous ne devez utiliser aucun contenu obtenu par l’intermédiaire de nos Services sans l’autorisation du propriétaire dudit contenu, à moins d’y être autorisé par la loi. Ces Conditions d’Utilisation ne vous confèrent pas le droit d’utiliser une quelconque marque ou un quelconque logo présent dans nos Services. Vous n’êtes pas autorisé à supprimer, masquer ou modifier les notices juridiques affichées dans ou avec nos Services.
Nos Services affichent des contenus n’appartenant pas à Imperium. Ces contenus relèvent de l’entière responsabilité de l’entité qui les a rendus disponibles. Nous pouvons être amenés à vérifier les contenus pour nous assurer de leur conformité à la loi ou à nos conditions d’utilisation. Nous nous réservons le droit de supprimer ou de refuser d’afficher tout contenu que nous estimons raisonnablement être en violation de la loi ou de notre règlement. Le fait que nous nous réservions ce droit ne signifie pas nécessairement que nous vérifions les contenus. Dès lors, veuillez ne pas présumer que nous vérifions les contenus.
Dans le cadre de votre utilisation des Services et de l’exécution de notre engagement contractuel, nous sommes susceptibles de vous adresser des messages liés au fonctionnement ou à l’administration des Services ainsi que d’autres informations. Vous pouvez choisir de ne plus recevoir certains de ces messages.
Certains de nos Services sont disponibles sur les appareils mobiles. Ne les utilisez pas d’une manière susceptible de vous distraire et de vous empêcher de respecter le code de la route et les règles de sécurité en matière de conduite.

2. Licenses

  1. Site License. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license to use the Site for your personal, non-commercial use.
  2. App License. If you are an End User, subject to the terms of this Agreement, we grants you a non-transferable, non-exclusive, license to use the App for your personal, non-commercial use.
  3. Completed Contact Data License. If you are an End Users, subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license to use the Completed Contact Data (as defined in our Privacy Policy) you received through your use of an App or Developer App, for your personal, non-commercial use.
  4. API License. If you are a Developer, please see the API License Addendum attached hereto and incorporated herein by this reference.
  5. Certain Restrictions.
    1. Except as set forth in the API License Addendum, the rights granted to you in this Agreement are subject to the following restrictions: (A) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (B) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; © you shall not access the Site or Services in order to build a similar or competitive service; and (D) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (E) use the API or any Completed Contact Data for purposes of monitoring the availability, functionality or performance of any part of the Site or the Services for any competitive purpose or for any other benchmarking or competitive purpose. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
    2. You acknowledge and agree that: (A) Completed Contact Data has not been collected for, and is not intended to be indicative of, any person’s employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person’s manner or mode of living, as listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a; and (B) you shall not use any Completed Contact Data as a factor in establishing any person’s eligibility for (1) credit or insurance used primarily for personal, family or household purposes, (2) employment purposes, or (3) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.
    3. You may not upload any debit or credit card information, bank account information, social security number, driver’s license information, or government ID information. WE WILL NOT HAVE ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OR SECURITY OF SUCH INFORMATION.
  6. Modification. we reserve the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
  7. No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

3. End User Contact Data

  1. End User Contact Data. If you are an End User, when you use a Site, an App, an Integration, or Developer App, we may collect End User Contact Data from you (as described in the Privacy Policy). If you are a Developer, when your End Users use your Developer App, we may collect End User Contact Data from your End Users. As used in this Agreement, “your End User Contact Data” means End User Contact Data we collect from you if you are an End User or End User Contact Data we collect from your End Users if you are a Developer. We may combine End User Contact Data with information we collect from third party sources to create Completed Contact Data (as defined in the Privacy Policy). You are solely responsible for your End User Contact Data. You hereby represent and warrant that you are the owner of your End User Contact Data, and that providing us your End User Contact Data to use and disclose in accordance with our Privacy Policy, does not violate any third-party rights, including any privacy rights, or any laws, regulations, or obligations imposed by any third party. We are not obligated to backup your End User Contact Data and your End User Contact Data may be deleted at any time. You are solely responsible for creating backup copies of your End User Contact Data if you desire.
  2. License. You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to “process” (meaning to perform any activity, including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use) your End User Contact Data, solely to the extent necessary to perform the Services in accordance with our Privacy Policy.
  3. Enforcement. We reserve the right (but have no obligation) to review your End User Contact Data, investigate, and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your End User Contact Data, terminating your Account in accordance with Section 9 and/or reporting you to law enforcement authorities.

4. Third Party Sites & Ads; Developers

    1. Third Party Sites & Ads. The Site and Services might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
    2. Developers. Each Developer is solely responsible for any and all of its Developer Apps. Because we do not control Developers or their Developer Apps, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps. Your interactions with Developers or their Developer Apps are solely between you and such Developer. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.
    3. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. Disclaimers

6. THE SITE AND SERVICES

THE SITE AND SERVICES (INCLUDING THE COMPANY APPS, APIS, INTEGRATIONS, AND Completed Contact Data) ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR © WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

7. SOME JURISDICTIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation on Liability

9. IN NO EVENT SHALL

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES (INCLUDING THE COMPANY APP, API, INTEGRATIONS,AND Completed Contact Data), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

10. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data) (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data).

11. SOME JURISDICTIONS

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Term and Termination.

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.5 – 2.7, and 4–10.

13. General

    1. Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    2. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause. All controversies, disputes, demands, counts, claims, or causes of action between you and us arising out of, under, or related in any way to this Agreement or our privacy practices, shall exclusively be settled through binding arbitration.

 

      1. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
      2. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
      3. You and us must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and us, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; © the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) we also reserve the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/our customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
      4. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the federal courts located in the State of Delaware. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
      5. With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.
      6. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
    2. Choice of Law. The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
    3. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. We will not be liable for any delay or non-performance of its obligations under this Agreement due to any cause beyond its control. Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. There are no third party beneficiaries of this Agreement.
    4. Copyright/Trademark Information. Copyright © 2000-2023, Contact+ LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    5. Contact Information:

      Address: 600 boulevard Moulay Youssef 20030 Casablanca Morocco
      Email: support@imperium.plus

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