Last Updated Date: 2014-10-22

IMINENT PRIVACY POLICY

IMINENT provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of search.iminent.com or start.iminent.com (the Site) and IMINENT products Iminent, SearchTheWeb (or StartWeb) and the IMINENT TOOLBAR (collectively the Application).

Iminent Minibar is IMINENT proprietary software that facilitates creation and usage of content such as emoticons, winks and fire nudges that can be used in online communications through services including but not limited to AOL Instant Messenger, Yahoo! Messenger, Google Talk, AOL Mail, Gmail and Yahoo! Mail. The Iminent Minibar also includes search feature that allows users to search the internet through IMINENT’s search properties. The IMINENT TOOLBAR is IMINENT proprietary software that provides an internet browser toolbar that allows users to access features including but not limited to games, winks, emoticons, mood avatars, favorite websites, popup blockers and email notifications.

This Privacy Policy applies only to information that you provide to us through this Site and from your use of the Application. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service, accessible at http://www.iminent.com/eula/.

As used in this policy, the terms using and processing information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, the Application and features and content relating thereto (together, the Service) and to enable users to enjoy the Service.

•We collect other information when you visit the Site and/or install one or more of the Application components, including your computer's Internet Protocol (IP) address, browser type or version, operating system type or version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site and by using the Application, access times and dates, usage statistics for your use of the Application and other statistics (Non-Identifying Information). We use this information to monitor and analyze use of the Site and the Application and for the Site's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor the Site and Application to our visitors' needs. For example, some of this information is collected so that when you visit the Site or use the Application, it will recognize you and serve accurate search results, advertisements and other information to you appropriate to your interests. We also use this information to localize your usage of the Services and make appropriate adaptations on country by country basis. We do not treat Non-Identifying Information as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information as described in this Privacy Policy. Certain Non-Identifying Information may also be gathered for advertising targeting within the website or software and it may be sold to third-parties. To learn more about the information and events that are recorded, visit the Audience Insights Information page.

•The Iminent application search feature, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, and IP address, an anonymous unique ID. We use this information to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis, is kept strictly anonymous and is Non-Identifying Information. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process).

•Iminent applications leave some log files in the temporary folder %temp%\Iminent\Log. The files are created during the installation of our application to log potential errors that could occur during the installation procedure. The files are not necessary to use Iminent applications and services and you can delete them whenever you want. Some files and registry settings will remain on the User's computer after the software is uninstalled to enable us to assist you in case of problems, and to detect if a toolbar is installed more than once.Multiple install information is required so that we can more accurately report install statistics to our affiliates.

Cookies

Like many websites and services, we use cookies to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your username and password for future logins to the Site or Application, if applicable, and to store your user preferences. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by IMINENT users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Application and then close your browser. A cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Site or the Application. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Application.

Email

IMINENT SA will offer to send an email about Iminent to your friends via our Invite Your Friends feature. When you invite your friends they will only receive one invitation email from you. You and your friends will not receive any additional emails from IMINENT or any other third party.
Your email address and you friends email addresses, when we have them stored in our database, are protected by IMinent by restricting access to the database.
If you wish to remove your email address from our database you can do it by clicking the link at the end of the email you received or by writing to support@iminent.com.

Phishing

Identity theft and the practice currently known as phishing are of great concern to IMINENT. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your username, password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the US Federal Trade Commission's website.

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related actions (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site or Application's features) or to assist us in analyzing how our Site and Application are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement. IMINENT cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of IMINENT or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers. IMINENT may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All users who provide Personal Information to IMINENT may review, update, correct or delete the Personal Information provided to us by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at support@iminent.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. You may also uninstall the Application at any time. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

IMINENT is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data (as defined in applicable state statutes on security breach notification) to you via conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United Kingdom and choose to provide information to us, IMINENT transfers Personal Information to the United Kingdom and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

You will be presented with and have access to links to other websites through your use of our Site and the Application. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Site, Application and Service are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at contact@iminent.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at contact@iminent.com

IMINENT
Attention: Privacy Issues
Address: support@iminent.com.

Iminent - FREE Emoticons and Smileys
for your chats and emails

Last Updated: 2014-10-22

IMINENT SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING IMINENT, SEARCHTHEWEB (OR STARTWEB) AND THE IMINENT TOOLBAR SOFTWARE (COLLECTIVELY, THE "APPLICATION").

THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERN YOUR USE OF THE APPLICATION UNLESS YOU AND IMINENT S.A. ("IMINENT" OR "WE") HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE APPLICATION.

Iminent Minibar is IMINENT S.A. proprietary software that facilitates creation and usage of content such as emoticons, winks and fire nudges that can be used in online communications through services including but not limited to AOL Instant Messenger, Yahoo! Messenger, Google Talk, AOL Mail, Gmail and Yahoo! Mail. SearchTheWeb (or StartWeb) is an IMINENT S.A. search feature that allows users to search the internet through IMINENT's search properties. The IMINENT TOOLBAR is IMINENT S.A. proprietary software that provides an internet browser toolbar that allows users to access features including but not limited to games, winks, emoticons, mood avatars, favorite websites, popup blockers and email notifications.

IMINENT S.A. is willing to license the Application to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the "I accept" button below or by downloading, installing or using the Application, you have indicated that you understand this Agreement and accept all of its terms.

1. Grant of License.

Conditioned upon your compliance with the terms and conditions of this Agreement, IMINENT S.A. grants you a non-exclusive and non-transferable license for a single user to use the executable form of the Application on a single computer owned or controlled by you, solely for your personal, non-commercial purposes, as described herein. IMINENT S.A. reserves all rights in the Application not expressly granted to you in this Agreement.

2. Services.

When you download, install or use any component of the Application to access and use various components thereof, including Iminent Minibar, SearchTheWeb (or StartWeb) and the IMINENT TOOLBAR, you acknowledge and agree that the IMINENT homepage, accessible at search.iminent.com or start.iminent.com, will be your default internet browser homepage as a result of such action. You may specify during installation of the Application that you do not accept the IMINENT homepage as your default homepage, and this default feature will be deactivated. You may also deactivate this default feature.

Other IMINENT software features, i.e. Iminent Minibar, SearchTheWeb (or StartWeb) and the IMINENT TOOLBAR will be set as default features when you install the Application. The SearchTheWeb (or StartWeb) feature will install automatically during the installation process, but during installation, you may choose to deactivate the SearchTheWeb (or StartWeb) installation. Once SearchTheWeb (or StartWeb) has been deactivated, IMINENT will not reactivate SearchTheWeb (or StartWeb), unless you download new content from IMINENT which contains the SearchTheWeb (or StartWeb) feature; you will be notified during such download of new content that the SearchTheWeb (or StartWeb) feature will be activated upon download.

If you have installed the IMINENT TOOLBAR, a pop-up window will inform you when the installation of software (such as another toolbar, plug-ins, add-ons, etc.) may interfere with or alter the functioning of the IMINENT TOOLBAR. The IMINENT TOOLBAR does not prevent the installation of such software. If you wish to continue using the IMINENT TOOLBAR with all its functionalities, it is your responsibility not to install such software.

We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. On some browsers, IMINENT may modify the account sync settings in order to function properly. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to emoticons and video features.

IMINENT may serve advertisements to you as part of your use of the Application. The display of such advertisements is justified by the free license on the Application that is granted to you. While using the Application, you agree that the display of such advertisements is likely to modify the web pages you are browsing. In that respect the application will not modify the layout of such web pages but solely add advertisements on those pages in the form of banners or totems, depending on the concerned web pages. If ever you consider any advertisement as uninteresting, irrelevant, against your opinion, repetitive or if you simply wish to get rid of it, you are free to suspend the display of such advertisement by clicking the IMINENT logo within the Iminent Minibar or IMINENT TOOLBAR. If you do not want to receive such advertisements, you may change your settings after installation of the Application to deactivate the serving of advertisements to you. We draw your attention to the fact that these advertisements are not associated with or endorsed by the websites on which they are displayed. IMINENT may modify your default search provider during your use of the Application. If you do not want to have your default search provider modified, you may refuse the modification as part of the Application installation process. IMINENT may also redirect your Web Browser's about:blank and new tabs functionality to the IMINENT search page during your use of the Application.

You agree that, depending on your configuration, IMINENT may install some or all of the following third party applications: Microsoft .NET Framework (which can be uninstalled using "Windows Installer CleanUp", available at http://support.microsoft.com/kb/290301) and Adobe Flash (which can be uninstalled by following the instructions at http://kb2.adobe.com/cps/141/tn_14157.html)

Uninstall

SearchTheWeb (or StartWeb), the Iminent Minibar and IMINENT TOOLBAR can be uninstalled from the "ADD OR REMOVE PROGRAM" dialog box in the Windows Control panel:
Go to ADD/REMOVE PROGRAMS in your control panel
Look for Iminent Minibar or the IMINENT TOOLBAR and click the Remove button

If you wish to uninstall the IMINENT Minibar follow these instructions:
For Internet Explorer: Go to "Start", "Settings", "Control Panel". On your Control Panel, select "Programs and Features". Now select "Iminent Toolbar" from the list of currently installed programs. Click "Uninstall" and follow the instructions (N.B.: the Firefox toolbar is not removed when you uninstall the IMINENT Toolbar via Add/Remove Programs).
For Firefox: You can hide the IMINENT Toolbar for Firefox by clicking your right mouse button while the cursor is over the IMINENT toolbar, and then selecting Iminent Toolbar. If you prefer to remove the IMINENT Toolbar for Firefox and remove it from your computer entirely, go to your Tools in the Firefox menu and select Add-ons. Now select Iminent Toolbar from the list and click on the "Remove" button.

3. Restrictions.

Except as expressly specified in this Agreement, you agree not to do any of the following: (a) copy (except in the course of loading or installing) or modify the Application, including but not limited to adding new features or otherwise making adaptations that alter the functionality of the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to by uploading the Application to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Application, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of IMINENT and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

4. Ownership.

The copies of the Application are licensed, not sold. The Application is protected by the copyright laws of France and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you.

5. Term.

The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from IMINENT, if you breach any term of this Agreement. Upon termination, you must at IMINENT's option either promptly uninstall and destroy or return to IMINENT all copies of the Application in your possession or control.

6. NO WARRANTY.

THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. IMINENT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMINENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

7. Limitation of Liability.

IMINENT'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). IN NO EVENT WILL IMINENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT IMINENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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.

8. Export Law.

You agree to comply fully with all of France's export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

9. General.

This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without IMINENT's prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the IMINENT Site, by email or through Application notifications. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and IMINENT have executed a separate agreement.

10. Contact Information.

If you have any questions regarding this Agreement, you may contact IMINENT at contact@iminent.com.

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