|
Below is the INDIE MANAGERS ASSOCIATION Web Site Usage Agreement for the INDIE MANAGERS ASSOCIATION Web site. This agreement is posted here for your reference. This is also where you will find posted updates to this Agreement in the future.
USE OF THIS INDIE MANAGERS ASSOCIATION WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THEREIN) (COLLECTIVELY, "WEB SITE") AND THE SERVICES OFFERED BY INDIE MANAGERS ASSOCIATION, ("IMA"), HEREUNDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS WEB SITE USAGE AGREEMENT ("AGREEMENT"). BY USING THE WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SERVICES.
IMA may change the terms and conditions of this Agreement at any time. The current Agreement can always be found in the footer area of the IMA Web Site. You will be responsible for regularly checking this area and for reviewing any such changes. By using the Web Site after any such changes take place, you agree to be bound by the Agreement as changed.
Ownership and Copyright
You acknowledge and agree that this Web Site and the information contained in it is owned by IMA and/or its third party content providers ("Content Providers") and is protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains confidential and proprietary data and information of IMA and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.
Trademarks
The IMA logo is a service mark of the INDIE MANAGERS ASSOCIATION. You will not use or allow any third party to use any of IMA's marks without IMA's prior express written consent. All marks not owned by IMA are the property of their respective owners.
Use of this Web Site: You may use this Web Site only for your personal, noncommercial use. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without IMA’s prior written consent.
IMA shall have the right, at any time without notice, to: (i) restrict or prevent your access to the Web Site (or any portion thereof); or (ii) change or discontinue providing the Web Site (or any portion thereof).
IMA shall have no obligation to update the Web Site or to correct any errors or omissions in it.
IMA may require you to become a registered member, pay certain fees, and/or comply with certain other terms and conditions before you are allowed to access or use certain portions of the Web Site. In all such cases, this Agreement shall continue to govern your use of the Web Site.
Our Web Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers or to interfere or attempt to interfere with the proper working of the IMA site or any activities conducted on this site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. IMA AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THIS WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NEITHER IMA NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEB SITE. NEITHER IMA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE OR THE INFORMATION CONTAINED THEREIN. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.
Limitation of Liability
IN ORDER TO PROVIDE YOU WITH THIS ECONOMICAL SERVICE, IMA AND ITS CONTENT PROVIDERS ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEBSITE OR THE USE OF OR RELIANCE ON. IN NO EVENT WILL IMA NOR ITS CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, OR FOR ANY CLAIMS BY THIRD PARTIES.
Indemnification
You agree to indemnify, defend, and hold harmless IMA, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Web Site; (ii) your breach of this Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Web Site.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase and sale of items.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by IMA to collect our fees and/or recover damages for, or obtain an injunction relating to, the IMA site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Gaithersburg, Maryland, and judgment on the arbitration awards may be entered into any court having jurisdiction thereof.
Either you or IMA may seek any interim or preliminary relief from a court of competent jurisdiction in Gaithersburg, Maryland necessary to protect the rights or property of you or IMA pending the completion of arbitration.
Severability
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
Third-Party Web Sites, Links, and Information
This Web Site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web Site. IMA does not control this information or these products, services, or Web sites, and IMA does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites. Inclusion of any of the foregoing in this Web Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with IMA with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.
Privacy and Information Made Available by You
IMA shall have the right to use and disclose any information provided by you through this Web Site (including but not limited to information provided through e-mail) or made available through your use of this Web Site, for any lawful purpose, unless you indicate otherwise by sending an email to (when sending email, please replace the AT with the @ sign and make sure there are no spaces).) In no event shall you be entitled to any compensation for the use of any of this information. If you object to your information being transferred or used in the way detailed herein, please do not use our services.
Use of any Bulletin Boards and Forums
IMA does not make any representations or warranties with respect to any bulletin boards or electronic forums made available on or via this Web Site (collectively, "Forums") or with respect to any messages, information, or materials contained in such Forums. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.
IMA does not, and cannot, review all of the information and materials provided in any Forums and shall not be responsible for the contents of any such messages, information, or materials. However, IMA reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Agreement or its Forum policies or are otherwise unlawful, inappropriate, or unacceptable.
To the extent that you use any Forums, you represent, warrant, and covenant that you will: (i) comply with the Forum policies promulgated by IMA; (ii) be solely responsible for your use of the Forums and any messages, information, and materials provided by you; and (iii) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from using and enjoying the Web Site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of IMA or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with any Forums, you hereby grant to IMA and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to display foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
General Terms
We do not guarantee continuous or uninterrupted access to our services, and operation of our site may be interfered with by numerous factors outside of our control. You agree that this Agreement and all incorporated agreements may be automatically assigned by IMA, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement shall constitute the entire agreement between you and IMA regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
|
