TERMS OF USER AGREEMENT
Welcome to IMediaStreams.com web site. By using our site, you are agreeing to comply with and be bound by the following term of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “IMediaStreams.com” or “IMediaStreams” or “us” or “we” or “our” refers to IMediaStreams.com, the owner of the Web site. The term “you” or “user” refers to the user or viewer of our Web Site.
We try very hard to create an enjoyable and profitable experience for everyone involved with our Services. If you have any suggestions or comments regarding our Service, we would appreciate hearing from you.
Description
iMediaStreams.com provide a set of tools and services
related to internet intelligence and online marketing.
This unique combination allows us to offer a very
affordable solution for businesses that need to drive
top-line growth through a sophisticated analysis then
marketing of their web site.
iMediaStreams.com products will not only identify the most relevant demographics of your site, but further, will monetize this information with it’s ad server and enhance this data with it’s streaming tracking capabilities.
1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Term of User Agreement (“Agreement”)
with respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time
without specific notice to you. The latest Agreement
will be posted on the Site, and you should review
this Agreement prior to using the Site.
2. Marks.
“IMediaStreams.com” and other are our service marks
or registered service marks or trademarks, including
but not limited to iPoint, iServe and iMusic. Other
product and company names mentioned on the Site may
be trademarks of their respective owners.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the
Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright
and other policies contained therein. No print out
or electronic version of any part of the Site or its
contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions
on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively
defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 3 above),
republish, display, distribute, transmit, sell, rent,
lease, loan or otherwise make available in any form
or by any means all or any portion of the Site or
any Content and Materials retrieved from it; (b) use
the
Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and
retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed),
that is offered for commercial
distribution of any kind, including through sale,
license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from
the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove,
change or obscure any
copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion
of the Site available through any timesharing system,
service bureau, the Internet or any other technology
now existing or developed in the future; (g)
remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or
discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the
purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use
the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available
on or through the Site, in violation of the export
control laws or regulations of the United States.
5. Agreements & Documents.
We may make available through the Site supporting
documents, business documents and legal documents
(collectively, “Documents”). All Documents are provided
on a non-exclusive license basis only for your personal
use for non-commercial purposes, without any right
to re-license, sublicense, distribute, assign or transfer
such license. Documents are provided without any representations
or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,”
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM
ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Documents may be inappropriate for your particular
circumstances.
6. Linking to the Site.
You may provide links to the Site, provided (a) that
you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request
by us.
7. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Site
is accurate and complies with applicable laws. We
are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser's or sponsor's
materials.
8. Registration.
Certain sections of the Site may require you to register.
If registration is requested, you agree to provide
us with accurate, complete registration information.
Your registration must be done using accurate information.
Each registration is for your personal
use only. We do not permit (a) any other person using
the registered sections under your name; or (b) access
through a single name being made available to multiple
users on a network. You are responsible for preventing
such unauthorized use.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will
be error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent
or warrant that the information available on or through
the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time.
We reserve the right in our sole discretion to edit
or delete any documents, information or other content
appearing on the Site.
10. Third Party Content.
Third party content may appear on the Site or may
be accessible via links from the Site. We are not
responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the
statements, opinions, representations or any other
form of content on the Site. You understand that the
information and opinions in the third party content
represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect
our belief.
11. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take
any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other
third parties and disclosing any information necessary
or appropriate to such persons or entities relating
to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
12. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product
and service providers, and affiliates (collectively,
“Affiliated Parties”) harmless from any liability,
loss, claim and expense related to your violation
of this Agreement or use of the Site.
13. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to
obtain information or documents is not transferable
or assignable.
14. Disclaimer.
THE INFORMATION, CONTENT, SERVICE AND DOCUMENTS FROM
OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
15(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY
STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
15. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or damage
of any kind resulting in any way from (1) any errors
in or omissions from the Site or any services or products
obtainable there from, (2) the unavailability or interruption
of the Site or any features thereof, (3) your use
of the Site, (4) the
content contained on the Site, or (5) any delay or
failure in performance beyond the control of a Covered
Party. (b)(1) THE AGGREGATE LIABILITY OF US AND THE
AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING
OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL
BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
16. Use of Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site
uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a “Submission”)
will forever be our property. We will not be required
to treat any Submission as confidential, and will
not be liable for
any ideas (including without limitation, product,
service or advertising ideas) and will not incur any
liability as a result of any similarities that may
appear in our future products, services or operations.
Without limitation, we will have exclusive ownership
of
all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or
any other person sending the
Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us,
have full responsibility for the message, including
its legality, reliability, appropriateness, originality,
and copyright.
17. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers (“Merchants”) from which
you may purchase certain goods or services. You understand
that we do not operate or control the products or
services offered by Merchants.
Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into
between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
18. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you
while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and
the Merchants are independent contractors
and neither party has authority to make any representations
or commitments on behalf of the other.
19. Privacy Policy.
Our Privacy Policy, as it may change from time to
time, is a part of
this Agreement.
20. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future
economic performance and demand for our products or
services, as well as our intentions, plans and objectives
(particularly with respect to product and service
offerings), that are forward-looking statements. These
statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on
our Site, words like
“anticipates,” “expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends,” “will” and similar expressions
are intended to identify forward-looking statements
designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities.
None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
21. Links to other Web Sites.
The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave
our Site and access these third-party sites, you do
so at your own risk.
22. Copyrights and Copyright Agents.
Our Copyright, as it may change from time to time,
is a part of this Agreement.
23. Information and Press Releases.
The Site contains information and press releases about
us. We disclaim any duty or obligation to update this
information or any press releases. Information about
companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided
or endorsed by us.
24. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and
Materials provided therein.
25. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Newark, New Jersey, and
shall be governed by and construed in accordance with
the laws of the State of New Jersey (without regard
to conflict of law principles). Any cause of action
by
you with respect to the Site (and/or any information,
Documents, products or services related thereto) must
be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth
in
Section 14 and Section 15. The language in this Agreement
shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction
to the effect that ambiguities are to be resolved
against the drafting party shall not apply in
interpreting this Agreement. This Agreement and all
incorporated agreements and your information may be
automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale
or merger. If any provision of this agreement is
held illegal, invalid or unenforceable for any reason,
that provision shall be enforced to the maximum extent
permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with
a legal, valid, and unenforceable provision that is
similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible.
To the extent that anything in or associated with
the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor
of the right to enforce such provision. Our rights
under this Agreement shall survive any termination
of this Agreement. The title, headings and captions
of this Agreement are provided for convenience only
and shall have no effect on the construction of the
terms of this agreement.
26. Arbitration.
Any legal controversy or legal claim arising out of
or relating to this Agreement or our services, excluding
legal action taken by us relating to Site operations
and/or intellectual property, may be settled under
the Commercial Arbitration Rules of the American
Arbitration Association, in effect on the date that
such request is made, by three (3) arbitrators appointed
in accordance with such Rules, one (1) of which shall
be experienced in the software and Internet industry.
The arbitration proceedings shall be conducted in
Newark, New Jersey, U.S.A. The arbitration resolution
shall be final and binding upon the parties and judgment
may be entered thereon, upon the application of either
party, by any court having jurisdiction. Each party
shall bear the cost of preparing and presenting its
case; and the cost of arbitration, including the fees
and expenses of the arbitrators, will be shared equally
by the parties unless the resolution provides otherwise.
Additional Information.
If you have any questions about this Policy, or the practices of or your dealings with the Site, please email us at info@IMediaStreams.com or write to us at:
IMediaStreams, llc.
Innovation Zone
211 Warren Street -Suite 303
Newark, NJ 07103