This document of IMD LIST consists of:
PLEASE READ THIS DOCUMENT FULLY AND CAREFULLY BEFORE ACCESSING OR USING IMD LIST’S WEBSITE IMDLIST.ORG OR PURCHASING ANY ADVERTISEMENT PROGRAMS, LISTINGS, MERCHANDISE OR PRODUCTS OR SERVICE OR SUBSCRIPTIONS OR PAID-CONTENTS OR PAID-MATERIAL.
PLEASE SCROLL DOWN TO READ IMD LIST’S REFUND POLICY AND DISCLAIMER.
In this document:
The “ORG” or “IMD LIST” means IMD LIST Organization;
“WEBSITE” or “WEBSITES” means IMD LIST’s website or websites, including, but not limited to “IMDLIST.ORG” and “WWW.IMDLIST.ORG”;
“CUSTOMER” or “The CUSTOMER” means the person or the entity who visits the WEBSITE or signs up or registers or purchases or is licensed to use the ORG’s products or services;
“PRODUCT”, PRODUCTS”, “SERVICE” OR “SERVICES” refer to products and / or services provided by the ORG and / or the WEBSITE and includes, but not limited to, listings, advertising, posting, marketing, campaigning, sales promotion, advice(s), articles, recommendations, answers, tips, tricks, match-making, and suggestions.
The words “MEMBER” or “MEMBERS” used in the WEBSITE simply refers to Customer or Customers. The words “MEMBER” or “MEMBERS” do not mean members or shareholders of the ORG;
This is a document of agreement between you and the ORG.
By visiting or browsing the Website, accessing or otherwise interacting with our servers, services, websites, applications, software, tools, or any associated content or postings, or purchasing our products, services, advertisement programs, free listings, paid listings, with or without creating or using an account in the WEBSITE, you acknowledge and agree to be bound by the terms and conditions of this document.
You acknowledge and agree that THE WEBSITE is a private site owned and operated by THE ORG. If you are accessing or using THE WEBSITE on behalf of a business, you represent and warrant to THE ORG that you have the authority to accept the TERMS on behalf of that business and that business also agrees to the TERMS. If you do not agree to the TERMS, you are not authorized to use the WEBSITE or download the app. We may modify the TERMS at any time, without any notice, in our sole discretion. You agree that it is your sole responsibility to check and read the TERMS periodically for changes and you are bound by them if you continue to use the WEBSITE. If you do not agree to the TERMS in its entirety, we ask that you please leave the WEBSITE and do not visit again.
Ownership and Title:
THE ORG is the sole owner of all rights, title and interest of all THE ORG’s Products, including scripts, techniques, all material, illustrations, diagrams, pictures, and the contents of THE WEBSITE – except the content posted by users of THE WEBSITE.
You acknowledge and agree that THE WEBSITE contains proprietary and confidential information that are protected by applicable intellectual property, copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by THE ORG in writing, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on THE WEBSITE in whole or in part.
You also acknowledge and agree that the name: IMD LIST and the logo of IMD LIST and THE ORG’s product and service names are trademarks of THE ORG. Without THE ORG’s prior permission, you agree not to display or use THE ORG’s names and/or logo in any manner.
LICENSE. If you agree to the TERMS and if you are of sufficient age and capacity to use the WEBSITE and be bound by the TERMS, or use the WEBSITE on behalf of a business, thereby binding that business to the TERMS, we grant you a limited, revocable, non-exclusive, non-assignable license to use the WEBSITE in compliance with the TERMS. Any unlicensed use is unauthorized and will be considered illegal, punishable by law. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from the WEBSITE, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid / sub-licensable license to use, copy, display, distribute, and make derivative works from any content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our official app and popular, general-purpose web browsers and email clients) or services that interact or interoperate with the WEBSITE, such as, including but not limited to downloading, uploading, creating / accessing / using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy / collect the WEBSITE content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings / communications / accounts and also buying or selling accounts is strictly prohibited. The ORG does not authorize you to create accounts on behalf of anyone else on our WEBSITE – except if you are legally authorized by that person or business or organization. Creating “fake” accounts with false information or accessing someone else’s accounts in our WEBSITE are also strictly prohibited.
You agree not to post content that is prohibited by any of the ORG’s policies or rules referenced above ("Prohibited Content"). You agree not to abuse the WEBSITE’s flagging or reporting processes. You agree not to collect the WEBSITE user information or interfere with the ORG. You agree we may monitor and / or moderate the WEBSITE access / use by you in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available the WEBSITE or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide the WEBSITE, (iii) combine or integrate the WEBSITE or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects the WEBSITE or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use the WEBSITE or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
USE OF THE SERVICE
By using the Services, you acknowledge that THE ORG does not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of WEBSITE visitors or WEBSITE users or those who have created accounts in the WEBSITE.
A. Eligibility You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the SERVICES, so that you can form a binding contract with THE ORG. If you are under the age of eighteen (18) or under the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by THE ORG, unless we have provided you with specific written authorization to re-use the WEBSITE and / or SERVICES.
User Accounts When creating an account or uploading information to THE WEBSITE through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to THE WEBSITE using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each session. You are solely responsible for any password misuse or any unauthorized access.
By connecting to THE WEBSITE using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access THE WEBSITE through a social networking site, you agree that THE ORG can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account. You agree that we are not liable for any personal data that is made available to us in violation of your privacy settings with the applicable social networking site.
THE ORG may suspend or terminate your account and/or your access to the WEBSITE, or any portion of the WEBSITE at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the WEBSITE. You agree that we will have no liability to you for any termination or suspension of your access to THE WEBSITE or your account, or the deletion of information contained within such account.
General Rules for Use of Services You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of THE WEBSITE in any medium, including without limitation by any automated or non-automated "scraping"; (2) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access THE WEBSITE; (3) transmitting spam, chain letters, or other unsolicited communications; (4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running THE WEBSITE; (5) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through THE WEBSITE; (7) collecting or harvesting any personally identifiable information from THE WEBSITE; (8) using THE WEBSITE for any commercial solicitation purposes; (9) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (10) interfering with the proper working of THE WEBSITE; (11) accessing any content on THE WEBSITE through any technology or means other than those provided or authorized by THE WEBSITE; (12) bypassing the measures we may use to prevent or restrict access to THE WEBSITE, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of THE WEBSITE or the content therein; (13) disclosing or sharing login credentials; (14) reverse engineering or decompiling any parts of THE WEBSITE; (15) frame or link to any information or content on THE WEBSITE; (16) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; (17) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by THE ORG; or, (18) sending or submitting malicious SQL commands to THE WEBSITE.
THE ORG may, without prior notice, change any aspect of THE WEBSITE; stop providing THE WEBSITE or features of THE WEBSITE; or create usage limits for THE WEBSITE for both free and paid products and services. If any such change, cessation or limitation of THE SERVICES materially and adversely affects you, then you may terminate your account with a written notice to THE ORG. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to the services paid for.
USER CONTENT Posting or Viewing User Content THE WEBSITE may allow users to post and/or provide content that may be viewable by other users. User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
Prohibited Types of User Content The following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that: (1) may create a risk of harm to any person or property; (2) provides instructional information about illegal activities; (3) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (4) provides links to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18; (5) contains any information or content that THE ORG deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (6) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (7) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (8) contains any information or content that is false, misleading, or otherwise deceptive; (9) any sexual content; (10) violates the Intellectual Property Rights or rights of privacy of any third party.
THE WEBSITE may provide links to other websites or resources. THE ORG has no control over or responsibility for such sites and resources. You agree that THE ORG is not responsible for the availability of such external sites or resources, and THE ORG does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Customer’s dealings with other entities promoted on or through THE WEBSITE, including payment and delivery of related goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Customer and such other entity. You agree that THE ORG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on THE WEBSITE.
Disclaimer of Warranties: THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE ORG’S WEBSITES AND THE CONTENTS PROVIDED ON THE WEBSITES AT CUSTOMER’S OWN SOLE RISK. THE WEBSITE AND ALL CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability: THE CUSTOMER AGREES THAT THE ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE WEBSITE.
No Warranties or Obligations You agree that THE ORG makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties. You further agree that THE ORG acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that THE ORG is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content. Your reliance on any User Content is at your own risk.
User Interactions and Assumption of Risk You understand and agree that THE ORG does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release THE ORG, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Content Disclosure THE ORG reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of THE WEBSITE, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of THE ORG where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
USER CONTENT LICENSE GRANT By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to THE ORG, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on THE WEBSITES, distributing such User Content through THE ORG distribution and publishing network and in alerts to users, and to promote THE ORG and THE WEBSITE. This license continues even if you stop using THE WEBSITE.
INDEMNITY To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless THE ORG and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to THE WEBSITE, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with THE ORG, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, your violation of the U.S. Fair Credit Reporting Act, or pursuant to applicable credit reporting laws, and any applicable data protection, email marketing, or telemarketing laws (including any email, phone call or text message you send or make to another User); (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
No warranty and Disclaimer:
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORG DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES, LISTING PROGRAMS AND OTHER RESOURCES OF THIS WEBSITE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ORG, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ORG’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT THE ORG’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
B. Universal Disclaimer THE ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER, MEMBER, OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE ORG WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER, OR A MEMBER, OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE ORG DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR GENERATE ANY RESULTS OR PROFITS OR GAINS OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL THE ORG, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER OR NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS AGREEMENT AS A PROBABLE RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE ORG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR MONETARY LOSS(ES) OR OTHER LOSS(ES), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
(C) IN NO EVENT SHALL THE ORG, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE ORG IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.
(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF THE ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Miscellaneous: You hereby agree, accept and acknowledge that you shall not make any public statements concerning the existence or terms of this document / sale to press / news / media / television / radio / newspapers / magazines / journals / blogs / social media without first reporting to / contacting THE ORG to resolve the issue / problem and without prior approval of THE ORG.
Copyright Infringement: THE ORG respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THE ORG’s Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the website; (4) your address, telephone number, and email address; and (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. The address to send such notice: P.O.Box 678, Wappingers Falls, NY 12590, USA.
Choice of Law and Forum: Any disputes related to this sale / product shall be governed in accordance with the laws of New York, USA. Any legal action to interpret or enforce the terms of this sale / document / product shall be brought only in the state or federal courts, as applicable, located in New York.
The failure of THE ORG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms remain in full force and effect. The Customer may not assign the Terms or any of the Customer’s rights or obligations under the Terms without THE ORG’s express written consent. The Terms inure to the benefit of THE ORG’s successors, assigns and licensees.
If you have any questions, you may contact: P.O.BOX 678, WAPPINGERS FALLS, NY 12590.
1. What personal information is gathered about you and how do we use it?
In general, personal information is collected for the purpose of enhancing your experience at THE WEBSITE and will not be shared or disclosed without your consent.
We ask you to register before using our products available on THE WEBSITE. As part of this initial registration process, we ask you to provide your name, e-mail address and to indicate the country and region where you are located.
As part of this registration process, we collect information about your your e-mail address, operating system and its version, browser related information, your IP address and other configuration. The information we collect is needed to enhance our website and its security. We also use it to track and verify compliance with the Terms of Service applicable to THE WEBSITE, as well as with federal, state and local laws.
When you order certain services from THE WEBSITE, we ask you to pay with a credit card, which requires that you provide us with the name appearing on the card, the card number, expiration date, and the address to which the bill is sent. This information is not used by anyone except to charge your account for the the services you request.
Occasionally, we may use the information you submit to send you information with respect to the products or services offered by THE ORG. If you prefer, you can choose not to receive such information from THE ORG by sending an email message opting out to email@example.com.
More generally, the personal information you give us and allows us to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site’s content, layout and services. However, for these purposes, we only use your personal information on an aggregated basis without the use of any information that personally identifies you.
By providing any personal information to THE WEBSITE, users, including without limitation users in the European Union and all countries, acknowledge that they fully understand and unambiguously consent to the collection and processing of such information in the United States.
2. With whom is your information shared?
As a general rule, we do not share or disclose your personal information with or to any third party unless we have your explicit permission to do so.
If you choose to provide us with your personal information, we may transfer this information within THE ORG, including any subsidiaries, affiliates and agents, as necessary to respond to and process your request. Also, if THE ORG is merged with or acquired by another company, sells a portion of its assets or otherwise goes through a business transition, your personal information and other customer information will likely be part of the transferred assets.
We may share the personal information you provide with other companies we have hired to provide services for us. These companies – our vendors and service providers – are permitted to use that information we share with them only to perform the services we have hired them to provide. They are not permitted to use that information for any other purpose.
In addition, we reserve the right to disclose any content, records or electronic communication of any kind (including without limitation personal information or private electronic communication transmitted on THE WEBSITE): (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary to operate our business; or (iii) to protect the rights or property of THE ORG or its users, sponsors, providers, licensors or business partners. We also reserve the right to request additional information from any user before allowing use of THE WEBSITE, of any software or other contents or features on THE WEBSITE.
3. What are your choices regarding how collected information is used?
We always give you the opportunity and right to opt out of receiving communications from THE ORG by sending us an email opting out that includes your full name and email address to firstname.lastname@example.org.
4. What safeguards are in place to protect your personal information?
THE ORG uses commercially reasonable physical, electronic and managerial procedures to maintain the confidentiality of the information we collect online. THE WEBSITE has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our Site and servers are protected using standard industry practice. We review and update web security and security procedures regularly.
Information we collect for transactions, whether purchase or license transactions, is encrypted using industry-standard secure server software.
Although we will exercise reasonable care to maintain the confidentiality of the personal information we collect online, no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that the personal information you submit to us will be free from unauthorized third party intrusion. You therefore understand and agree that all information you submit to THE ORG or post on THE WEBSITE is done so at your own risk.
5. How can you update or correct inaccuracies?
Upon request via email at email@example.com, we will provide to you a summary of any personal information retained by us regarding you. You may also modify, correct, change or update your personal records or cause your personal records to be removed from our database by request via email to firstname.lastname@example.org. We will only send personal records to the email address on file for the visitor name associated with it.
6. What about other sites linked from THE WEBSITE?
You should be aware that when you are on THE WEBSITE, you can be directed to other sites that we do not control. These other sites may send their own cookies, collect data or solicit personal information. We are not responsible for the privacy practices of third party sites.