Terms of Service

We’re changing our policy. A new, more comprehensive, and more specific agreement will be available soon.

I. Introduction

The imiCS (hereon ‘imiCS’, ‘Imi Coding Services’, ‘we’, ‘us’, ‘our’) terms of service (heron ‘terms of service, ‘ToS’, ‘terms’, ‘Terms of Service’) is a contract between you (heron ‘you’, ‘your’, ‘end-user’) and imiCS. Every time you access any website either owned or controlled by imiCS, you agree and accept this terms of service. We serve products (heron “Product”, “Products”, “Service”, “Services”) to help better assist you in certain tasks, or by supplying entertainment. It is up to you to keep up to date on any changes in this agreement.

II. Service & Program Usage

We allow you to connect to our website (e.g.: ‘imiCS.net’, ), Services (e.g.: ‘wheeGames.com’), and/or use our programs (e.g.: ‘ItemSwitcher’) on a basis that you do not have an intent to harm, change, or disturb any aspect of the website(s), Service(s), or programs owned and operated by imiCS without the proper authorization of doing so. In order to use any of our websites, Services, or programs, you must be at least thirteen (13) years of age, and if under eighteen (18) years of age, must have parent or legal guardian consent before using any of our Services, products, or websites, and your parent or legal guardian must accept to these terms, or in some cases, you must be over eighteen (18) years of age under all circumstances.

  • IIa. Forum Usage

Some of our websites offer a forum, where multiple people (hereon “forum members”), including you, are allowed to post and communicate opinions. A forum is a public space, where forum members in no affiliation to imiCS are allowed to post. Any post or topic you produce may be subject to criticism, either negative or positive, by other forum members. Although we do have moderators and administrators (employees to imiCS) to monitor and stop any controversial topics/posts, or any explicit criticism between forum members, you must be aware that we cannot nor will not guarantee a fast and speedy removal, or a removal at all of the subject in question should you ever encounter such material. You must understand that we can, in no way, be held responsible or liable for any content published that has not been made by us. This information is usually uncensored by us once published, and may take time before the content is censored by us. You assume all risk and responsibility associated with using our forums.

Our forums are available for the public to use granted they follow the general rules, such as posting in the correct individual sections within the forums and posting only legal content. Posting illegal content will result in a forum ban, while posting in the wrong section will result in either a light warning or actual warning/infraction (for repeated offenders).

III. Advertising and/or Advertisements

Any advertisement that is aimed to hurt imiCS in any way shape or form, either by luring customers away, or tarnishing the imiCS name and/or brands, is prohibited on all and any imiCS controlled websites that allow 3rd party comments or opinions to be expressed.

IV. Business Transactions

For Services offered or affiliated by us, we may offer an online shop or donation shop. Any time you are to purchase or donate to a Service, you immediately start a business transaction between you and imiCS. All parties participating in a business transaction must be at or over 18 years of age.

When you purchase an item or receive a reward, you are only given a license for how you may use those items or rewards on imiCS servers. We will, at any point, never grant you unlimited rights to the items you purchase. All items are property of imiCS, with imiCS giving you permission to use that property in certain ways.

  • IVa. Refund Policy

imiCS does not offer a refund, unless explicitly stated on the page where items are purchases or where donations are asked. Under no circumstances will we return any money collected, even if you:
a) do not like the Services offered
b) are banned or not having the ability to access your purchase
c) state you made a purchase with no proof (receipt)
–which even then, you’ll be given your item or if applicable, a reward once proof of purchase is shown.

  • IVb. Prices

We reserve the right to alter or otherwise modify any prices. All prices are not final, and may change at any point in time, with or without your notice. Along with altering, we reserve the right to discontinue any Service or Product being sold for any reason, with or without notice for cancellation of the Service or Product.

  • IVc. Donation

On certain Services, we offer donation shops. You donate to the Service or cause at your own risk, and should expect no reward in return. We may reward you for such kindness in any way we can, to the Service you are donating to. By donating, you are simply helping our Services thrive and operate, and you may or may not receive a reward for donating. Any Service offered by imiCS that offers a donation shop never sells tangible or intangible items. All donations, for a refund policy, follow part IVa of the Terms of Service (“Business Transactions”)

V. Service or Product Availability

Although we strive and work for to keep our Services or Products functioning correctly, we cannot nor will not guarantee the Product or Service in question will stay available, and reserve the right to stop any Service or Product development. You understand that you may not be able to access your account or other Services due to the lack of availability, either through a variable controlled by imiCS or a factor outside of imiCS’ control.

VI. Privacy

All data we are able to gather about you will be any data you willingly provide to us, and will only be used for internal use only. We reserve the right to analyze the collected data to improve our services. Any outside use of the collected data will only proceed only after such actions are granted or approved by you. We will not sell, distribute, or make available any data we have on file on any imiCS-controlled server without such permission. The data will only be exposed to non-imiCS personnel without your consent when a court-order or warrant is sent for this data. Although we will aim to protect any and all data collected, we cannot guarantee that there will not be a potential breach of security, reverse engineer, or the data being hijacked in any unauthorized way from a 3rd party. We cannot be held liable if any data is incidentally leaked.

  • VIa. Support Purposes

For support, you understand we may request further information or data regarding your computer setup, connection to the Internet, general country of origin, possibly state and/or city. These questions will only be asked if needed to further assist you with any imiCS related problem on a product. During support, we will not keep any answers related to location-based questions for a period longer than 30 days.  E-mail transmissions between imiCS and you will only be used for support purposes or company-wide policy changes.

  • VIb. Monitoring (for services only)

We may, at our discretion, decide to monitor any usage you have where you are connected to an imiCS-controlled server. This monitoring has been implemented in our servers and game clients to prevent any unfair advantages you may gain when running anything that modifies any client, or the connection between our server and your client. Any Service in which a communication medium is permitted, may be subject to recording, and we reserve the right to store the data for an indefinite period of time. We also reserve the right to review the recorded communication for any reason and enact any action necessary if needed against or for you. If we are to find any proof or method of cheating, we reserve the right to, at our discretion, ban you, either temporarily or permanently. Any information collected about you through this monitoring, if it’s intent is to physically (or emotionally) harm another individual, may be reported to law enforcement upon noticing such an act of violence is occurring. Further action may be taken against you if such proof is found on any imiCS services.

VII. Warranty of Service

IMICS PROVIDES ALL SERVICES AND PRODUCTS OFFERED ON AN “AS-IS” BASIS. WE DO NOT WARRANT THAT ANY PART OF THE SERVICE OR PRODUCT THAT IMICS OFFERS WILL MEET YOUR REQUIREMENTS OR NEEDS. WE ALSO DO NOT WARRANT THAT THE AVAILABILITY OF ANY SERVICE OR PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, SECURE, CONTINUOUS, MALICIOUSNESS-FREE, AND THAT THE DEFECTS IN ANY SERVICE, PRODUCT, OR YOUR ACCOUNT WILL BE FIXED OR CORRECTED. YOU, AS AN END-USER OF IMICS PRODUCTS AND SERVICES ASSUME ALL RISK FOR THE USE OF ANY SERVICE OR PRODUCT OFFERED BY IMICS. IMICS IS NOT AT FAULT IF ANY SERVICE OR PRODUCT BY IMICS IS THE CAUSE OF ANY DATA LOSS, EITHER BY THE ACCOUNT NEEDED FOR ANY SPECIFIC SERVICE OR GAME, OR THROUGH LOSS OF LOCAL DATA BY THE PROGRAMS THAT ARE PRODUCED AND MAINTAINED BY IMICS. WE DO NOT WARRANT THAT OUR SECURITY PROCEDURES WILL PREVENT ANY LOSS OR BREACH OF DATA WE HAVE COLLECTED ABOUT YOU, OR IMPROPER ACCESS TO THAT DATA. WE CANNOT BE HELD RESPONSIBLE FOR ANY TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF THE DATA CARRIED OVER ANY TELECOMMUNICATION LINES NOT OWNED OR OPERATED BY IMICS.

VIII. Liabilities & Immunity

IMICS EMPLOYEES, OR ANY IMICS-AFFILIATED COMPANY AND IT’S EMPLOYEES MAY NOT BE HELD RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR NEGLIGENCE OF ANY SERVICE OR PRODUCT.  UNDER NO CIRCUMSTANCES IS ANYONE AFFILIATED WITH IMICS RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO A LOSS IN PROFIT, LOSING CONNECTION TO SERVICES, YOUR ACCOUNT, OR ANY AGREEMENT OF IMICS YOU HAVE AGREED TO IN THE PAST, WHETHER OR NOT IMICS MAY HAVE BEEN INFORMED OR OTHERWISE ALERTED AHEAD OF TIME OF ANY SUCH POSSIBILITY OF DAMAGE TO OCCUR.

-Pertaining to part IV of the Terms of Service (“Business Transactions”), all liabilities are to be released. We are not required to offer you anything, and in return for your exchange, are not required to provide you with anything.

-imiCS will be released of all liabilities caused from the transfer of a computer virus, worm, trojan, or other malicious program transferred to you from any official imiCS download.

-imiCS will not be held responsible or liable for anything that occurs or results from accessing any Service imiCS operates or controls.

IX. Termination of Agreement

imiCS reserves the right to terminate this agreement and any other agreement that you agree to to be immediately revoked, either with or without your notice at our discretion. We may also terminate this agreement with you if we find any information provided to us is invalid, does not belong to you, is not your property, is not a right to you. Any content that is found inappropriate may be grounds for termination. If this agreement is terminated, any account and service linked to you will be discontinued immediately. Any unused game codes will be invalidated, refunds will not be accepted, and any value located on any account linked to you will not be retrievable for any value.

If any account is terminated because of a breach of agreement, for any amount of time, no refund or reimbursement will be made for any fees previously paid.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND BY ACCEPTING ANY ACCOUNT CREATION METHODS OR ACCESSING ANY IMICS WEBSITE OR SERVICE OR PRODUCT, YOU ARE BOUND TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO BE A PART OF THE SERVICE AND ARE NOT ALLOWED TO USE IT. BY PRESSING ANY “I DO NOT AGREE” BUTTONS OR NOT CREATING (AN) ACCOUNT(S), YOU WILL NOT BE ALLOWED TO ACCESS ANY SERVICE, IMICS AFFILIATED WEBSITE, OR USE ANY PRODUCT PRODUCED, MANAGED, MAINTAINED, OR OTHERWISE AFFILIATED WITH IMICS, UNLESS OTHERWISE NOTED.

LAST UPDATED: 7 MARCH 2011
VERSION 4: 7 MARCH 2011
VERSION 3: 20 JANUARY 2011
VERSION 2: 1 JANUARY 2011
VERSION 1: 28 NOVEMBER 2010