Terms of Service

Last Updated: 07/17/2024

Thank you for your interest in our brand I'M NOT ("CREATOR", "WE", OR "OUR"), provided by Fourthwall, (the “Service”). These Terms of Use constitute a legally binding contract between you and the Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND THE PROVISION OF THE SERVICE BY THE CREATOR TO YOU, CONSTITUTES AN AGREEMENT BY THE CREATOR AND YOU TO BE BOUND BY THESE TERMS.

  1. Introduction to the Creator’s Service. We offer a website where you can purchase products we put up for sale, including digital products and subscriptions (“Subscriptions” and, collectively with all other items, “Products”).
  2. Eligibility. You must be at least 13 years old to use the Service. By accepting these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not been previously suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with all applicable laws and regulations. If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access a Subscription, you must register for an account. When you register, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be required to choose a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must notify us immediately at: contact@imnot.store.
  4. General Payment Terms. Purchasing any Product through the Service may require the payment of fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in US dollars.
    1. Pricing. The Creator reserves the right to determine the pricing for all Products and Subscriptions. The Creator will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The Creator may change the fees for any Product or Subscription by providing you advance notice of changes before they take effect. The Creator, at its sole discretion, may make promotional offers with different features and pricing to any of its customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    2. Authorization. You authorize the Creator and its third-party payment processors to charge all sums for the Products you select and any Subscription you enroll in as described in these Terms or published by the Creator, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, the Creator or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    3. Subscriptions. Subscriptions may include automatically recurring payments for periodic charges. If you activate a Subscription, you authorize the Creator or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the recurring payments or the Subscription, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first Subscription. Your account will be charged automatically on the Subscription Billing Date for all applicable fees and taxes for the next Subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your Subscription before it renews to avoid the next billing cycle. The Creator or its third-party payment processors will bill the periodic Subscription fees to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription by accessing the billing tab of your profile on the site or by contacting us at: contact@imnot.store.
    4. Returns and Refunds. We accept all returns for defective Products made within 30 days of the date of purchase (“Returns”). We will refund you in full for all Returns and cover the shipping costs of any Return if such shipping is necessary. We do not accept returns or make refunds for Products that are not defective.
  5. Shipping and Delivery. All Products purchased through the Service will be shipped according to the delivery terms provided at the time of purchase to the delivery address you provide. You will be responsible for all shipping charges, which will be specified at checkout.
  6. Licenses
    1. Limited License. Subject to your complete and ongoing compliance with these Terms, the Creator grants you, solely for your personal and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Subscription to which you have subscribed during the term of your subscription.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
    3. Feedback. If you choose to provide suggestions regarding problems or proposed modifications or improvements to the Service or any Product (“Feedback”), you hereby grant the Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  7. Ownership; Proprietary Rights. The overall structure, as well as the software, texts, animated or still images, sounds, know-how, designs, graphics, and all other elements composing this website imnot.store are for the exclusive use of I'M NOT. Any total or partial representation of this site, by any means whatsoever, without the express authorization of I'M NOT, is prohibited and constitutes an infringement sanctioned by articles L335-2 and following of the Intellectual Property Code. The hypertext links set up as part of this website to other resources present on the internet, cannot engage the responsibility of I'M NOT.
  8. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    3. Interfere with security-related features of the Service, including: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or attempting to discover the source code of any portion of the Service, except to the extent that such activity is expressly permitted by applicable law;
    4. Interfere with the operation of the Service or any user’s enjoyment of the Service, including: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    5. Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    6. Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Material; or
    7. Attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
  9. Modification of these Terms. We reserve the right to modify these Terms prospectively at any time. Any provision of these Terms, your authorization to access the Service, and these Terms will automatically terminate. Additionally, the Creator or Fourthwall may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time, for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at contact@imnot.store.
  10. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay the Creator any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.
  11. Modification of the Service. The Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice. The Creator will have no liability for any change to the Service or any suspension or termination of your access or use of the Service.
  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the Creator and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents, as well as Fourthwall (together, the “Creator Entities”) from and against any claim made by any third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees, arising out of or connected with: (a) your unauthorized use or misuse of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations concerning that matter), and in that case, you agree to cooperate with our defense of those claims.
  13. Disclaimers; No Warranties THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE CREATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE CREATOR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CREATOR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. WE PROVIDE THE SERVICES THROUGH FOURTHWALL, BUT THESE TERMS AND ANY PURCHASE OF PRODUCTS ARE SOLELY BETWEEN YOU AND THE CREATOR. YOU ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY ARISING FROM, THESE TERMS, ANY DAMAGE, OR LOSS YOU INCUR DUE TO USING THE SERVICE OR PURCHASING PRODUCTS. LIMITATIONS : THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  14. Miscellaneous
    1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and the Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held invalid or unenforceable, the unenforceable part will be enforced to the fullest extent permitted by applicable law, and the remaining portions will remain in full force and effect.
    2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and the Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California, for the resolution of any lawsuit or court proceeding permitted under these Terms.
    3. Privacy Policy. Please read the Creator’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Creator’s Privacy Policy is incorporated by reference into, and made a part of, these Terms.
    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post or link from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    5. Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us, as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that all notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact Information. The Service is offered by I'M NOT. You may contact us by sending correspondence to contact@imnot.store.
    7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.
    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories where such access is illegal is prohibited.