iMensiesTM for iPhone

Terms of Service

  1. ACCEPTANCE OF TERMS

    6th Floor Studio, (“WE” or “US”) welcomes you. We provide the iMensies Services (the “Services” defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by US from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.imensies.com/index.php?page=terms_conditions. By accessing and using the iMensies Services, you accept and agree to be bound by the terms and provision of the TOS. These TOS are a legal contract between you and US and govern your access to, and use of, the Services and website located at http://www.imensies.com/ together with the services available through the account and the web site (the "Site"). If you do not agree with any of these terms, do not access or otherwise use this site or the Services or any information contained on this site. Your use of this site and/or the Services shall be deemed to be your agreement to abide by each of the terms set forth below. We may make changes to the content and Services offered on this site at any time by posting updated terms of use on this site. We may, but not required, to notify registered users of the change of the TOS by sending an email notice of the changes. If any modification is unacceptable to you, you shall cease using this site and the Services. If you do not cease using this site and the Services, you will be conclusively deemed to have accepted the change.

  2. DESCRIPTION OF iMENSIES SERVICES

    WE provide users with ability to record and store information related to their menstruation (including, but not limited to period flows, moods, symptoms, personal notes). These Services are provided strictly for your personal use. Any information presented through the Services including, but not limited to any advice, any calculations or predictions is provided strictly for information and educational purposes and should not be relied upon for any other purposes. In particular, the Services and information provided through the Services are not intended to substitute any medical advice. You understand and specifically acknowledge that the information provided through the Services and/or through any email correspondence you may receive in the course of using the Services is not intended as a means to prevent or avoid pregnancy as well as a means to become pregnant or control conception/fertility. You also understand and specifically acknowledge that you will consult with your doctor or your healthcare provider about your particular medical situation or if you have any questions or concerns and that you will not hold US liable for any decisions you may take in relation to the use of the Services.

    The Services allow the users to calculate certain data, such as the average number of days in the period cycle or the next predicted period date. You understand that in order for these calculations to be reasonably correct you must update your menstruation data on continuous bases. However, you also understand that WE can not guarantee the accuracy of the calculations and that the predictions may not be correct even if you continuously update your data, due to variability in your future cycles for various reasons. You also understand and specifically acknowledge that you will not rely in any way on any calculations, predictions or other estimates provided by the Services, including but not limited to preventing pregnancy and that WE shall not accept any responsibility for your reliance on aforementioned data.

    iMensies Application for iPhone and iPod touch.

    Use of iMensies application for iPhone and iPod touch (“iMensies Application”) is governed by a separate End User License Agreement (“EULA”) that you may view at http://www.apple.com/legal/itunes/appstore/us/terms.html. However, when you access the Services through iMensies Application you agree, in addition to the terms of EULA. to be bound by the provisions of these TOS.

  3. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the Services, you represent that:

    1. you are of legal age to form a binding contract
    2. you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data")
    3. you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

    If you provide any information that is untrue, inaccurate, not current or incomplete, or WE have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WE have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

  4. USAGE BY CHILDREN UNDER 13

    WE take the safety and privacy of all our users into great consideration. Our Services are not intended for children under age of 13. WE and our Services do not intentionally or knowingly collect any information from children under age 13. The Services may not be used by children under age 13 or their parents or legal guardians acting on their behalf. We strongly advise and encourage parental supervision of children activity on the internet.

  5. MEMBER ACCOUNT, PASSWORD AND SECURITY

    You may register for a password to use the Services available through iMensies website and/or through iMensies application for iPhone and iPod Touch, and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify US if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify US of any unauthorized use of your account or any other breach of security in relation to the Services and your account known to you.

  6. MEMBER CONDUCT

    Members shall not engage in any unlawful activity using the Services. You understand that any material, inluding but not limited to text, images, graphics, messages, photographs or other materials ("Content") posted publicly on the Services, are the sole responsibility of a Member this Content originates from and WE do not specifically endorse or approve any of such Content. You and not 6th Floor Studio are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content and therefore can not guarantee any accuracy, quality or integrity of such content. Members shall not make any Content available which:

    1. violates or infriges upon any rights of others;
    2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    3. encourages the conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
    4. can be deemed as unsolicited or unauthorized advertising or promotional materials, "junk mail", "spam", "chain letters", or "pyramid schemes";

    WE reserve the right to monitor Content. You understand that we may at our sole descrition remove any Content that we deem violates any part of these TOS. WE will not permit any conduct by a Member that violates the TOS or limits, restricts or inhibits any other Member from accessing, using or otherwise enjoying the Services. Such activity including the Membership may be terminated at any time without notice to you.

  7. CONTENT SUBMITTED VIA SERVICES

    WE do not claim the ownership of the Content that you make publicly available through the Services. However, you understand and acknowledge that by submitting the Content to US you grant us a royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable 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.

    By submitting ideas, improvements, new features, bug fixes, any suggestions or feedback you understand that your contribution automatically becomes the property of 6th Floor Studio, and WE shall not be obligated to you in any way including but not limited to any reimbersment or compensation of any kind.

  8. PRIVACY STATEMENT

    WE respect your privacy. WE never sell, rent, or give away your name, email, or address to anyone. Please, refer to more details here.

  9. LOG FILES

    We use IP addresses to analyze trends, administer the site and Services, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is not shared with third parties and is used only within the Services on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

  10. LINKS FROM THIS WEBSITE

    WE do not monitor or review the content of other party’s websites which are linked to from the website or from the Services. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by US and WE should not be regarded as the publisher of such opinions or material. Please be aware that WE are not responsible for the privacy practices, or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. WE will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

  11. COPYRIGHT NOTICE

    Copyright and other relevant intellectual property rights exists on all text relating to the Services and the full content of this website except otherwise noted. Dowload of copyrighted materail is permitted for personal use only. No copying, retranslation, redistribution, republishing or any commercial use is permitted, except if otherwise noted or expressly permitted by the copyright law or expressly permited by 6th Floor Studio and/or copyright owner. Apple, the Apple logo, iPod, and iTunes are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.

    You also acknowledge and agree that the Services and any necessary software used in connection with the Services ("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 advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by US or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, including Software, in whole or in part.

    WE grant you a personal, non-transferable and non-exclusive right and license to use the object code of our 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 Services. You agree not to access the Services by any means other than through the interface that is provided by US for use in accessing the Services.

    Certain parts of Software are distributed under different licenses, which terms are disclosed in their respective source files.

    Parts of Software are licensed from

    1. Yahoo! Inc under the BSD license (http://developer.yahoo.com/yui/license.html);
    2. Free Software Foundation, Inc. under GNU General Public License (http://www.phpbb.com/downloads/license/);
    3. Paul Johnston, Greg Holt, Andrew Kepert, Ydnar, Lostinet under the BSD license (http://pajhome.org.uk/crypt/md5);
    4. InfoSoft Global (P) Ltd. under MIT License (http://www.fusioncharts.com/free/license/);
    5. John Resig (jQuery) under MIT License (https://github.com/jquery/jquery/blob/master/MIT-LICENSE.txt);

    12. Trademarks

    Logos and/or service names appearing on this website may be registered or unregistered trademarks or service marks of 6th Floor Studio, and may not be used in connection with any product or service that is not ours, in any manner that reflects unfavorably on us, or in any manner that is likely to cause confusion among our users or the general public. You agree not to reproduce any of such materials without obtaining prior permission from US.

    Notice for Claims of Copyright Violations

    We respect your copyright. If you believe that any work has been published, reproduced, copied or appeared on the Services in violation of your copyright or copyright of a person or entity you are acting on behalf of, please, submit a Notice to US that includes the following information:

    1. a detailed description of the copyrighted work or other work that may constitute intellectual property, which you claim has been published in violation of the rights of the copyright holder or intellectual property owner;
    2. a full url address to a permanent location on the Services that containes the infringed material, so that we may find it;
    3. your full contact information, including your name, address, phone number and email address;
    4. a statement by you, that you are making the claim of copyright infringment in good faith and have reasonable grounds to believe that the copyrighted material has appeared or been published without authorization by copyright holder, its agent or the law;
    5. a statement by you, that under penalty of perjury, the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner;
    6. your physical or electronic signature, or the signature of a person authorized to act on behalf of the copyright owner.

    Please, send your Notice containing the above information to support (at) imensies.com. Include "Copyright Violation" in the subject line of your email.

  12. INDEMNITY

    You agree to indemnify and hold US and OUR 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 your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

  13. NO COMMERCIAL REUSE OF iMENSIES SERVICES

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, and Software).

  14. TERMINATION

    You may terminate your iMensies account, and access to the Services by submitting such termination request to US.

    You agree that WE may, without prior notice, immediately terminate, limit your access to or suspend your iMensies account, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to:

    1. breaches or violations of the TOS or other incorporated agreemesnts or guidelines
    2. requests by law enforcement or other government agencies
    3. discontinuance or material modification to the Services (or any part thereof)
    4. unexpected technical or security issues or problems
    5. extended periods of inactivity
    6. engagement by you in fraudulent or illegal activities.

    Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in OUR sole discretion and that WE shall not be liable to you or any third party for any termination of your account or access to the Services. Termination of your iMensies account includes any or all of the following:

    1. removal of access to all or part of the offerings within the Services
    2. deletion of your password and all related information, data and content associated with or inside your account (or any part thereof)
    3. barring of further use of all or part of the Services.

  15. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

  16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 6th FLOOR STUDIO AND OUR 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. 6th FLOOR STUDIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
      1. THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
      2. THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
      3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
      4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
      5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER
    5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    6. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES.
    7. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT 6th FLOOR STUDIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL 6th FLOOR STUDIO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF 6th FLOOR STUDIO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. 6th FLOOR STUDIO SHALL NOT BE LIABLE TO YOU FOR:

    1. THE USE OR THE INABILITY TO USE THE SERVICES;
    2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    4. ANY CHANGES WHICH 6th FLOOR STUDIO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    6. YOUR FAILURE TO PROVIDE 6th FLOOR STUDIO WITH ACCURATE ACCOUNT INFORMATION;
    7. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    8. ANY OTHER MATTER RELATING TO THE SERVICES.

  18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

  19. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  20. GENERAL INFORMATION

    The TOS constitutes the entire agreement between you and 6th Floor Studio and governs your use of the Services, superseding any prior version of this TOS between you and US with respect to this Site and the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 6th Floor Studio software (including but not limited to iMensies application for iPhone and iPod touch) and services, affiliate services, third-party content or third-party software. If you violate these Terms, WE may terminate and/or suspend your access to this Site and Services without notice. WE prefer to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these TOS, as determined by US, may result in immediate termination of your access to this Site and Services. If WE terminate your access to the Site or Services, WE may delete your user profile and any or all of your data stored in your account. WE have the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these TOS. Any disputes relating to these TOS, this Site or the Services will be heard in the courts located in California and you further agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. If any of the provisions of TOS is found to be inconsistent with applicable law, then such provisions shall be interpreted to reflect the intentions of the parties, and no other provisions will be modified. 6th Floor Studio failure to enforce any of the provisions of TOS is not a waiver of such provisions. You agree that your iMensies account is non-transferable and any rights to your account or contents within your account terminate upon your death. Your account may be terminated and all contents therein permanently deleted upon receipt of a copy of a death certificate. You agree that any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred regardless of any statute or law to the contrary. These TOS are the entire agreement between you and US and supersede all prior or contemporaneous negotiations, discussions or agreements between you and US about this Site and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these TOS.

These terms and conditions form part of the Agreement between You and ourselves. Your accessing of this website, the Services and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Services contained herein.

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