Terms of Service for TheIMASD.com
Introduction
Welcome to The IMASD. This website is owned and operated by
The IMASD. By visiting our website and accessing the
information, resources, services, products, and tools we provide, you
understand and agree to accept and adhere to the following terms and
conditions as stated in this policy (hereafter referred to as 'User
Agreement').
This agreement is in effect as of Dec 09, 2010.
We reserve the right to change this User Agreement from time to
time without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site after
such modifications will constitute acknowledgment and agreement of the
modified terms and conditions.
By visiting
our website and accessing the information, resources, services,
products, and tools we provide for you, either directly or indirectly
(hereafter referred to as 'Resources'), you agree to use these Resources
only for the purposes intended as permitted by (a) the terms of this
User Agreement, and (b) applicable laws, regulations and generally
accepted online practices or guidelines.
Wherein, you understand
that:
a. In order to access our Resources, you may be required
to provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as part
of your ability to use the Resources. You agree that any information you
provide will always be accurate, correct, and up to date.
b. You
are responsible for maintaining the confidentiality of any login
information associated with any account you use to access our Resources.
Accordingly, you are responsible for all activities that occur under
your account/s.
c. Accessing (or attempting to access) any of
our Resources by any means other than through the means we provide, is
strictly prohibited. You specifically agree not to access (or attempt to
access) any of our Resources through any automated, unethical or
unconventional means.
d. Engaging in any activity that disrupts
or interferes with our Resources, including the servers and/or networks
to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or
resell our Resources is strictly prohibited.
f. You are solely
responsible any consequences, losses, or damages that we may directly or
indirectly incur or suffer due to any unauthorized activities conducted
by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our
website, such as blog comments, blog posts, public chat, forums, message
boards, newsgroups, product ratings and reviews, various social media
services, etc. You understand that generally we do not pre-screen or
monitor the content posted by users of these various communication
tools, which means that if you choose to use these tools to submit any
type of content to our website, then it is your personal responsibility
to use these tools in a responsible and ethical manner. By posting
information or otherwise using any open communication tools as
mentioned, you agree that you will not upload, post, share, or otherwise
distribute any content that:
i. Is illegal, threatening,
defamatory, abusive, harassing, degrading, intimidating, fraudulent,
deceptive, invasive, racist, or contains any type of suggestive,
inappropriate, or explicit language;
ii. Infringes on any trademark,
patent, trade secret, copyright, or other proprietary right of any
party;
Iii. Contains any type of unauthorized or unsolicited
advertising;
Iiii. Impersonates any person or entity, including any
http://theimasd.com employees or representatives.
We have the
right at our sole discretion to remove any content that, we feel in our
judgment does not comply with this User Agreement, along with any
content that we feel is otherwise offensive, harmful, objectionable,
inaccurate, or violates any 3rd party copyrights or trademarks. We are
not responsible for any delay or failure in removing such content. If
you post content that we choose to remove, you hereby consent to such
removal, and consent to waive any claim against us.
h. We do not
assume any liability for any content posted by you or any other 3rd
party users of our website. However, any content posted by you using any
open communication tools on our website, provided that it doesn't
violate or infringe on any 3rd party copyrights or trademarks, becomes
the property of http://theimasd.com, and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license to reproduce,
modify, adapt, translate, publish, publicly display and/or distribute as
we see fit. This only refers and applies to content posted via open
communication tools as described, and does not refer to information that
is provided as part of the registration process, necessary in order to
use our Resources.
i. You agree to indemnify and hold harmless
http://theimasd.com and its parent company and affiliates, and their
directors, officers, managers, employees, donors, agents, and licensors,
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this User
Agreement or the failure to fulfill any obligations relating to your
account incurred by you or any other person using your account. We
reserve the right to take over the exclusive defense of any claim for
which we are entitled to indemnification under this User Agreement. In
such event, you shall provide us with such cooperation as is reasonably
requested by us.
By using our
website, you understand and agree that all Resources we provide are "as
is" and "as available". This means that we do not represent or warrant
to you that:
i) the use of our Resources will meet your needs or
requirements.
ii) the use of our Resources will be uninterrupted,
timely, secure or free from errors.
iii) the information obtained by
using our Resources will be accurate or reliable, and
iv) any defects
in the operation or functionality of any Resources we provide will be
repaired or corrected.
Furthermore, you understand and agree
that:
v) any content downloaded or otherwise obtained through
the use of our Resources is done at your own discretion and risk, and
that you are solely responsible for any damage to your computer or other
devices for any loss of data that may result from the download of such
content.
vi) no information or advice, whether expressed, implied,
oral or written, obtained by you from http://theimasd.com or through any
Resources we provide shall create any warranty, guarantee, or conditions
of any kind, except for those expressly outlined in this User
Agreement.
In conjunction
with the Limitation of Warranties as explained above, you expressly
understand and agree that any claim against us shall be limited to the
amount you paid, if any, for use of products and/or services.
LegalCompanyName will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which may be
incurred by you as a result of using our Resources, or as a result of
any changes, data loss or corruption, cancellation, loss of access, or
downtime to the full extent that applicable limitation of liability laws
apply.
All content and
materials available on http://theimasd.com, including but not limited to
text, graphics, website name, code, images and logos are the
intellectual property of http://theimasd.com, and are protected by
applicable copyright and trademark law. Any inappropriate use, including
but not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited, unless
specifically authorized by http://theimasd.com.
You agree that we may, at our sole discretion, suspend or
terminate your access to all or part of our website and Resources with
or without notice and for any reason, including, without limitation,
breach of this User Agreement. Any suspected illegal, fraudulent or
abusive activity may be grounds for terminating your relationship and
may be referred to appropriate law enforcement authorities. Upon
suspension or termination, your right to use the Resources we provide
will immediately cease, and we reserve the right to remove or delete any
information that you may have on file with us, including any account or
login information.
This website is controlled
by http://theimasd.com from our offices located in the state of Oregon,
USA. It can be accessed by most countries around the world. As each
country has laws that may differ from those of Oregon, by accessing our
website, you agree that the statutes and laws of Oregon, without regard
to the conflict of laws and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the
use of this website and the purchase of any products or services through
this site.
Furthermore, any action to enforce this User
Agreement shall be brought in the federal or state courts located in
USA, Oregon You hereby agree to personal jurisdiction by such courts,
and waive any jurisdictional, venue, or inconvenient forum objections to
such courts.
UNLESS OTHERWISE EXPRESSED, The IMASD.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact us
at:
TheIMASD.com
PO Box 91363
Portland, Oregon
97291
USA