Content Guidelines & Intellectual Property Policy

This Content Guidelines & Intellectual Property Policy (the “Policy”) outlines the responsibilities and rights of users of ImageN’You’s website, applications, products, and services (collectively, the “Service”) with regard to intellectual property rights. This document is an important part of our agreement with you. For the purposes of this policy, “intellectual property” (“IP”) refers to copyrights, patents, trademarks, trade secrets, trade dress, trade names, and all other such rights.

Definitions

These terms are used throughout this Policy and it is important that you understand what we are referring to when we use them. Terms not defined in this section shall have the meaning provided elsewhere in our Terms of Service.

• “Agreement” refers collectively to all the terms, conditions, and notices contained or referenced in this Policy and all other operating rules, policies — including our Terms of Service and Privacy Policy — and procedures that we may publish from time to time on the Site.
• “Content” refers to content accessed, featured, or displayed through the Site, including without limitation text, data, images, photographs, graphics, designs, and other materials that are available on the Site or otherwise available through the Services. “Content” also includes any text, images, designs, and other materials uploaded or otherwise provided by a User, including AI-generated content.
• “Products” refers to products you create by using our Services.
• “Us,” “We,” “Our” refers to Pear street projects, MB (doing business as ImageN’You), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
• “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Site or Services; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
• “Site” refers to ImageN’You’s website located at imagenyou.com, and all Content, Services, and products provided by ImageN’You at or through the Site.

General

When you use our Services and upload and/or otherwise provide Content, you are agreeing to:

• This Content Guidelines & Intellectual Property Policy
• Our Privacy Policy
• Our Terms of Service
• Any other terms or policies we reference in any of the above

The Agreement, except as it may be supplemented by additional terms and conditions, policies, guidelines, or standards, is a binding agreement between ImageN’You and you pertaining to your use of the Services, and supersedes any and all prior oral or written understandings or agreements between ImageN’You and you.

If any provision of this Policy is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

When Does This Policy Apply?

By using the Services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by this Agreement and all applicable laws. If you do not agree with any provision of this Policy, you must discontinue your use of the Services, discontinue the registration process (to the extent you have started it), and, if you are already registered, delete your account.

Can This Policy Be Modified?

ImageN’You reserves the right to revise this Policy from time to time and the most current version will always be posted on our Site. If a revision, in our sole discretion, is material, we will notify you. The “Last Updated” date at the top of this Policy reflects the date of the last modification. Your use of the Services following the effective date of any modifications to this Policy will constitute your acceptance of such revised Policy. If you do not agree to the new terms, you should stop using the Services and delete your account.

Your Responsibilities

ImageN’You respects the IP rights of others and asks you to do the same. We prohibit any use of our Service that infringes the IP rights of others, including by producing or selling infringing or counterfeit goods.

By uploading Content on the Services and using the Content on your Products, you represent and warrant that:

• You either own the Content posted by you on or through the Services or that you otherwise have the legal right and authority to use the Content;
• The posting and use of the Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other IP rights;
• You agree to pay for all royalties, fees, and any other monies owed through use of the Content on the Service; and
• You have the legal right and capacity to enter into this Agreement.

By using ImageN’You’s Services, including accessing the Site and using any of its features, you further agree to refrain from using any elements on, or to create, Products, including in AI-generated Content, that infringe the intellectual property rights of others or that contain any prohibited content.

If you are unsure about your rights regarding the usage of the Content, you must refrain from uploading the Content to ImageN’You.

More information can be found at the U.S. Copyright Office, the U.S. Patent and Trademark Office, and the European Union Intellectual Property Office. This is not an exhaustive list of available resources — be sure to consult your legal counsel for further information.

Prohibited Content

To ensure a safe, respectful, and legally compliant platform, the following content is strictly prohibited on ImageN’You:

How We Handle Infringing Content

ImageN’You does not tolerate IP infringements and reserves the right to remove, at our discretion, any Content that may infringe the IP rights of others.

ImageN’You allows users to upload Content to our platform to create Products. Subject to the terms outlined in our Terms of Service, you alone are responsible for Content that you upload. Further, by uploading Content, you represent and warrant that the Content is owned by you or that you have valid authorisation to post it. Despite your representation and warranty, we retain the right, at our sole discretion, to reject the production of Products that contain Content that we have reason to believe may be infringing the IP rights of others.

ImageN’You may temporarily or permanently suspend accounts that are subject to multiple notices of IP infringement. If we believe a user with a previously suspended account has attempted to create or operate a new account, ImageN’You reserves the right to refuse our Services and suspend the user’s account immediately. ImageN’You will take these actions in appropriate circumstances and at our discretion.

How to Report Infringement

If you notice infringement of your copyrights or other intellectual property rights on ImageN’You, you can notify us as follows. Please note that ImageN’You cannot provide you with legal advice or representation, and we recommend that you speak with a licensed attorney in your jurisdiction if you are seeking legal advice. Please note that we may share your notification with the user allegedly infringing your copyrights or other IP rights.

Reporting Copyright Infringement

ImageN’You respects the copyrights of others. If you are a copyright holder or are authorised to act on behalf of one, you may report alleged copyright infringements on the Service by sending a Digital Millennium Copyright Act (“DMCA”) Notice via email to info@imagenyou.com, which must include all of the following information:

• Your name, address, email address, and phone number indicating that you own the Content or are authorised to act on behalf of the IP rights owner;
• A link to the original content and description of the allegedly infringed IP rights, supported by registration and other documentation (if possible);
• A description of the allegedly infringing Content supported by links or other details about where the Content is available;
• A statement under penalty of perjury confirming that the information provided is accurate and that you own the copyright or are authorised to act on behalf of the IP rights owner;
• A physical or electronic signature (for example, by typing your full name); and
• Any additional information showing that you own or are otherwise entitled to use the Content at issue.

When we receive your DMCA Notice, we will strive to respond quickly by (i) removing the potentially IP-infringing Content from the Site, (ii) making a reasonable attempt to notify the user responsible for uploading the corresponding Content, and providing them with information about the notice and removal, as well as an opportunity to file a DMCA counter-notification. Please note that it may take up to 10 business days to process, review, and act on your request.

Reporting Trademark Infringement

ImageN’You respects the trademark rights of others. If you are a trademark holder or are authorised to act on behalf of one, you may report alleged trademark infringements on our Site by sending an email to info@imagenyou.com. Your email must contain a link to the original content and description of the allegedly infringed IP rights, supported by registration and other documentation (if possible), as well as a description of the allegedly infringing Content supported by links or other details about where the Content is available.

We will review your complaint and take whatever action we deem appropriate, which may include temporary or permanent removal of the Content in question. Accounts with usernames, brand names, or any other Content that may mislead or violate another’s trademark or any other IP rights may be revised or permanently suspended.

Content Removal & Appeals

If you received a notification that Content uploaded by you has been removed as a result of an IP violation, it means that (i) an IP rights owner or their authorised representative submitted a valid notice and requested that we remove the Content, or (ii) the Content was flagged by ImageN’You’s internal processes and systems as potentially IP-infringing.

If you want us to forward the information from the notification of IP infringement, email us at info@imagenyou.com. Please note that we may remove some personal contact information from the original complaint.

Separate from any notification of IP infringement, ImageN’You reserves the right to remove, at its discretion, Content that may infringe the IP rights of others.

Filing a DMCA Counter-Notice

For any DMCA notices concerning IP rights, you can file a counter-notice with us by following the directions and requirements below.

To submit your counter-notice, email us at info@imagenyou.com and include all of the following information:

• Your name, address, email address, and phone number indicating that you own the Content or are authorised to act on behalf of the IP rights owner;
• The web address of the Content we removed (copy and paste the link from the notification email);
• A statement under penalty of perjury that you have a good faith belief that Content uploaded by you was removed in error;
• A statement that you consent to the jurisdiction of the courts of Vilnius, Lithuania, or if your address is outside of Lithuania, for any judicial district in which ImageN’You may be found, and that you agree to accept service of process from the entity who provided the original complaint; and
• A physical or electronic signature (for example, by typing your full name).

When we receive a counter-notice that includes all of the required information, ImageN’You will send a copy of the counter-notice to the complaining party. Pursuant to the DMCA, the complaining party will have 10 business days to reply to your counter-notice. If they do not file a court action and forward us proof of their filing within this time period, your Content will be restored and/or relisted.

Appealing Other Content Removals

In case your Content has been removed by us for any reason other than a DMCA Notice, you can submit an appeal by emailing us at info@imagenyou.com. When submitting an appeal, you must provide further information, including any documentation if applicable, on your Content and why it should not be considered as infringing IP rights.

Notwithstanding the above, ImageN’You reserves the right to deny your appeal if we have a reasonable belief that the information provided by you is not sufficient to confirm your right to use the potentially infringing Content.

Contact Us

Questions about this Policy? Contact us at: