General Use Terms
ITIM Interactive Media provides content and other services through the Site. All information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images (together, the “Materials”) are provided to you by ITIM Interactive Media and are the copyrighted work of ITIM Interactive Media or ITIM Interactive Media’s licensors or contributors. ITIM Interactive Media grants you a limited, personal, non-exclusive and non-transferable license to use the Materials and use the services and the Site solely for your personal use or internal business use. You agree that you will only use this Site and the services for lawful uses. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis. You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If ITIM Interactive Media becomes aware of any of the foregoing activities, ITIM Interactive Media may investigate and may respond, and when appropriate, ITIM Interactive Media may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that ITIM Interactive Media expressly prohibits and you agree not to:
- Post any false or inaccurate Submissions (defined below) or information;
- Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Post any Submission or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
- Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
- Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
- Take any action that imposes an unreasonable or disproportionately large burden on the Site’s infrastructure.
- Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
- Frame or link to the Site or any of the content or information available from the Site, unless ITIM Interactive Media expressly consents to such linking and/or framing.
- Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service.
- Use any robot, spider or other program or device to retrieve or index any portion of the Site;
- Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. ITIM Interactive Media reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission or thread for any reason. The foregoing prohibitions do not impose on ITIM Interactive Media, and ITIM Interactive Media does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND ITIM Interactive Media WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and ITIM Interactive Media is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Password Restricted Areas of the Site
Certain areas of the Site are password-restricted to authorized users who become members (“Restricted Areas”) or who purchase access to upgraded areas of the Site. If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify ITIM Interactive Media if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify ITIM Interactive Media of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
Pricing and Payments
You will pay all fees or charges to your account based on ITIM Interactive Media’s fees, charges, and billing terms. You may be required to provide ITIM Interactive Media with a valid credit card as a condition to signing up for an account. You are responsible for paying any taxes that may apply. If you do not pay on time or if ITIM Interactive Media cannot charge you or your credit card for any reason, ITIM Interactive Media reserves the right to either suspend or terminate your access to the Site and/or the services and account and terminate these Terms. If you have a balance due on any account, you agree that ITIM Interactive Media may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If you are unsatisfied with the Services for any reason and notify us during the applicable refund period, ITIM Interactive Media may provide you with a refund at its discretion.
Third Party Content
Certain information and content may be provided by third parties to ITIM Interactive Media (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. ITIM Interactive Media DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites. ITIM Interactive Media is providing these links to you only as a convenience, and ITIM Interactive Media is not responsible for the content or links displayed on such sites.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold ITIM Interactive Media and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) that ITIM Interactive Media or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party in the vent that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
All other trademarks, names and logos on this Site are the property of their respective owners.
All information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of ITIM Interactive Media, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner
Disclaimer of Warranties
Your use of this Site, the materials and/or the services is at your own risk and you assume all risks of using this Site, the materials and/or the services. Neither the materials nor the third party content have been verified or authenticated in whole or in part by ITIM Interactive Media, and they may not be current or may include inaccuracies or typographical errors. ITIM Interactive Media does not warrant the accuracy or timeliness of the materials or the third party content contained on this Site. ITIM Interactive Media shall have no liability for materials and/or third party content that is not current or for any errors or omissions in the materials and/or the third party content, whether provided by ITIM Interactive Media or our licensors. ITIM Interactive Media does not guarantee that you will achieve any economic return or benefit from the use of the materials. ITIM Interactive Media, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the Site, the services or any materials or third party content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the Site, including without limitation, the materials and the third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Site, the services, the Materials, third party content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of any kind and ITIM Interactive Media disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights.
Limitation of Liability
ITIM Interactive Media’s AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELIANCE ON THE INFORMATION AND/OR MATERIAL PRESENTED ON THE SITE SHALL NOT EXCEED FIFTY DOLLARS ($50.00). IN NO EVENT SHALL ITIM Interactive Media BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ITIM Interactive Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
ITIM Interactive Media controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for compliance with all applicable local laws.
REFUNDS and CANCELLATIONS
On the payment page or shopping cart page of any individual ITIM Interactive Media product you will find specific refund information. Cancellation and refund requests must be sent in writing. Submit your refund request using the “Support” link within the specific Site’s interface which leads to our Customer Care Center.
If you violate these Terms, ITIM Interactive Media may terminate your access to the Site or Restricted Areas without notice. ITIM Interactive Media prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by ITIM Interactive Media, will result in immediate termination of your access to the Site or Restricted Areas. ITIM Interactive Media has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such Term shall be interpreted to reflect the intentions of the parties, and no other Terms will be modified. ITIM Interactive Media’s failure to enforce any of these Terms is not a waiver of such Terms. The Terms are the entire agreement between you and ITIM Interactive Media and supersede all prior or contemporaneous agreements and understandings between you and ITIM Interactive Media with respect to the subject matter hereof. These Terms may not be modified except pursuant to a written amendment that is executed by an official of ITIM Interactive Media.