Terms of Use

Last modified: October 28, 2012

Contents

  1. Introduction
  2. Eligibility
  3. Privacy
  4. Changes to the Terms
  5. Use of the Website
  6. Copyrights
  7. Trademarks
  8. Third-Party Content, Links and Services
  9. Limitation of Liability
  10. Disclaimer of Warranties
  11. Indemnification
  12. Site Changes, Suspension and Termination
  13. Choice of Law and Forum
  14. Waiver and Severability
  15. Statute of Limitations
  16. Entire Agreement
  17. Miscellaneous

  1. Introduction

    1.1 Please read these Terms of Use ("Terms") carefully before using this website.
    1.2 This document is an agreement between you ("You") and Interactive Media Council, Inc. ("IMC"), a not-for-profit corporation registered in the State of New York, and located at 244 Madison Avenue, New York, New York, 10016, USA.
    1.3 These Terms govern access to and use of the IMC website located at interactivemediacouncil.org (the "Website").
    1.4 By accessing and/or using the Website, You acknowledge that You have read and understand, and You agree to be legally bound by, the Terms.
    1.5 If You do not understand or accept all the Terms, do not use the Website.
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  2. Eligibility

    2.1 You must be 13 years of age or older to use the Website.
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  3. Privacy

    3.1 Any information that You provide to IMC is subject to our Privacy Policy, which governs our collection and use of personal information.
    3.2 By accessing and/or using the Website, You accept our practices as set forth in the Privacy Policy.
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  4. Changes to the Terms

    4.1 IMC reserves the right to modify the Terms at any time and without notice.
    4.2 Any and all changes to the Terms will be posted on this page.
    4.3 If the changes are, in our sole discretion, material, we will update the "Last modified:" date (see above) to indicate the effective date of the revised Terms. We may also announce changes to the Terms by other means, such as a notice on our home page, an e-mail message, or a Twitter update.
    4.4 Changes to the Terms will not be applied retroactively.
    4.5 Your continued use of the Website following the posting of the revised Terms constitutes your acceptance of the Terms, as amended.
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  5. Use of the Website

    5.1 Subject to your compliance with the Terms and all applicable laws and regulations, IMC grants You a non-exclusive, non-transferable, and limited right to access, use and display the Website for your personal, non-commercial purposes only.
    5.2 You agree not to copy, modify, distribute, transmit, display, perform, reproduce, duplicate, trade, publish, license, create derivative works from, transfer, or sell any of the information, software, products or services obtained from the Website, except as otherwise expressly provided in the Terms or specifically authorized by IMC in a separate written agreement.
    5.3 You agree to use the Website only for lawful purposes and in full compliance with the Terms.
    5.4 You agree not to undermine or attempt to undermine the normal operation and security of the Website.
    5.5 You are responsible for maintaining the confidentiality and security of any passwords, login names, or other personal and/or confidential information associated with your use of the Website.
    5.6 IMC reserves the right, in its sole discretion, to restrict, suspend or terminate your access to the Website or any component therein at any time and without notice.
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  6. Copyrights

    6.1 All materials on the Website including, but not limited to, text, data, images, designs, graphics, source code, video and audio clips, trademarks, and logos (the "Content") are the property of IMC or its affiliates, and are protected by copyright laws in the United States and other countries.
    6.2 The Content may not be copied, reproduced, transmitted, displayed, performed, published, distributed, sublicensed, altered, "mirrored" on another server, or stored for subsequent use, except as otherwise expressly provided in the Terms or specifically authorized by IMC in a separate written agreement.
    6.3 Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
    6.4 Any copyright rights not listed herein are reserved.
    6.5 To contact us regarding any copyright issue please use our contact form.
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  7. Trademarks

    7.1 The trade names "Interactive Media Council" and "IMC", the IMC logo, and all other IMC trademarks, service marks, trade names, logos, domain names, URLs and icons appearing on the Website (the "Marks"), registered or not, are exclusive and valuable properties of IMC.
    7.2 Nothing contained on the Website should be construed as granting any license or right, whether by implication, estoppel, or otherwise, to use any of the Marks without the express written permission of IMC.
    7.3 Where a trademark is present on the Website that is not the property of IMC, it is the property of a third party and You must contact this third party for permission to use the mark.
    7.4 Unauthorized use of the Marks may violate trademark and other laws.
    7.5 Any trademark rights not granted herein are reserved.
    7.6 To contact us regarding any trademarks issue please use our contact form.
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  8. Third-Party Content, Links and Services

    8.1 The Website may contain content, advertisements and/or tools provided by third parties, and/or links to third-party web pages (collectively, "third-party materials").
    8.2 IMC provides third-party materials solely as a convenience to You.
    8.3 IMC does not necessarily endorse or recommend the information, products and/or services contained in or accessible through third-party materials.
    8.4 You understand and accept that IMC has no responsibility or liability for:
    8.4.1 the availability or reliability of any third-party materials;
    8.4.2 the information, products, services or other content contained in or accessible through any third-party materials;
    8.4.3 the privacy practices, data security practices or other business practices employed by the owners or operators of third-party materials; and,
    8.4.4 any damages or losses caused or alleged to be caused by use of or reliance on any third-party materials.
    8.5 Your accessing and/or use of third-party materials are at your own risk.
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  9. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
     
    9.1 IMC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS, SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, ACCIDENTAL, CIRCUMSTANTIAL, RELIANCE, SPECIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY NATURE OR DESCRIPTION INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, MISUSE, OR RELIANCE ON THE WEBSITE, EVEN IF IMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    9.2 YOU HEREBY WAIVE ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, LAWSUITS, DAMAGES AND/OR COSTS, ARISING FROM OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, MISUSE, OR RELIANCE ON THE WEBSITE, AGAINST IMC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS.
    9.3 THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE TERMS, AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
    9.4 SOME STATES AND OTHER JURISDICTIONS MAY HAVE LAWS RESTRICTING DISCLAIMERS OF LIABILITY, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, IMC'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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  10. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
     
    10.1 THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    10.2 THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    10.3 YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR OWN RISK.
    10.4 ALTHOUGH IMC ENDEAVORS TO PROVIDE ONLY ACCURATE, VALUABLE, AND HIGH-QUALITY CONTENT ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF THE CONTENT. THE WEBSITE AND THE CONTENT MAY CONTAIN ERRORS, INACCURACIES AND/OR OMISSIONS.
    10.5 ALTHOUGH IMC TAKES REASONABLE STEPS TO ENSURE THE WEBSITE IS SAFE, SECURE AND RELIABLE, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE, OR THE SERVER(S) THAT MAKE IT AVAILABLE, WILL BE UNINTERRUPTED, OPERABLE, FUNCTIONAL OR AVAILABLE AT ALL TIMES, OR BE FREE FROM VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALWARE (COMPUTER CONTAMINANTS) OR ANY OTHER ITEMS WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT MALWARE PROTECTION (SUCH AS ANTI-VIRUS SOFTWARE) TO ENSURE THE SAFETY AND SECURITY OF YOUR HARDWARE, SOFTWARE AND DATA.
    10.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMC, THE WEBSITE, OR OUR AUTHORIZED REPRESENTATIVES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    10.7 AS NOTED IN ANOTHER SECTION OF THE TERMS, IMC MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY WEB PAGES, LINKS OR SERVICES.
    10.8 SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH CASES, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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  11. Indemnification

    11.1 You agree to indemnify, defend and hold harmless IMC and its officers, directors, employees, members, suppliers, licensors, affiliates, agents and partners, from and against any and all claims, losses, demands, lawsuits, liabilities, causes of action, damages (actual and consequential), costs and expenses (including, but not limited to, fees and other expenses relating to attorneys and expert witnesses), arising from or in connection with:
    11.1.1 your accessing and/or use of the Website, the Content and any other information, products, services or third-party materials available therein;
    11.1.2 your misuse of the Website;
    11.1.3 any violation by You of the Terms, laws or regulations; and/or,
    11.1.4 any unauthorized access to or use of your account and/or password-protected materials on the Website.
    11.2 IMC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify IMC, and You agree to cooperate fully with IMC's defense of these claims. IMC will use reasonable efforts to notify You of any such claim, suit or action upon becoming aware of it.
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  12. Site Changes, Suspension and Termination

    12.1 IMC may alter the Website and/or the Content, or any portion thereof, at any time and without notice.
    12.2 IMC may suspend or limit access to the Website for any period of time, or close the Website permanently, at any time and without notice.
    12.3 Although the Website and any Content therein may be out of date at any given time, IMC is under no obligation to update the Website or the Content.
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  13. Choice of Law and Forum

    13.1 The Terms and use of the Website shall be governed by and construed in accordance with the laws of the State of New York (without regard to any principles of conflict of laws) and the United States of America.
    13.2 In the event of a claim or dispute arising from or relating to the Terms or your use of the Website, You hereby consent to granting exclusive jurisdiction and venue for such claim or dispute to the state or federal courts located in New York County, New York.
    13.3 You agree to submit to the personal jurisdiction of the courts located within New York County, New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
    13.4 If You are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You but instead these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
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  14. Waiver and Severability

    14.1 The failure or delay of IMC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
    14.2 In order for any waiver of compliance with the Terms to be binding, a written and signed authorization must be provided by an authorized IMC officer. Any waiver of compliance granted does not mean that we will waive compliance in the future.
    14.3 If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void or unenforceable, such invalid, void or unenforceable provision(s) shall be valid and enforceable to the maximum extent permitted by law, and the remaining provisions of the Terms shall remain in full force an effect.
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  15. Statute of Limitations

    15.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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  16. Entire Agreement

    16.1 These Terms together with our Privacy Policy constitute the entire and exclusive agreement between IMC and You relating to your use of the Website, and supersede and replace any and all prior or contemporaneous understandings or agreements, whether oral or written, between IMC and You relating to your use of the Website.
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  17. Miscellaneous

    17.1 IMC reserves the right, in its sole discretion, to determine if You have violated the Terms, and to take any action it deems appropriate.
    17.2 Any information obtained through the Website shall not be relied upon for personal, commercial, business, legal or financial decisions. You should consult an appropriate professional for information and/or advice tailored to your specific needs.
    17.3 The section headings in the Terms are for convenience purposes only and have no legal or contractual effect.
    17.4 If You have any questions or would like additional information about the Terms, You can find our contact information on our contact page.
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