Terms of Use for IM NewsWatch.com
PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be
bound contractually by these Terms of Use.
TERMS OF USE AND DMCA NOTICE
Effective Date: January 1, 2011
To review material modifications and their effective dates scroll to
the bottom of the page.
- Parties. The parties to these Terms of Use are you, and
the owner of
this IMNewsWatch.com website business, Business Promotion, Inc.
(“BizPro”). All references to “we”, “us”, “our”, this “website” or this
“site” shall be construed to mean this website business and BizPro. -
Modification. We reserve the right to modify these Terms of Use at any
time, and without prior notice, by posting an amended Terms of Use that
is always accessible through the Terms of Use link on this site’s home
page. You should scroll to the bottom of this page periodically to
review material modifications and their effective dates. YOUR CONTINUED
USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW
TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
MODIFICATION OR NEW TERMS OF USE. -
Use And Restrictions. Subject to these Terms of Use and our Privacy
Policy, you may use the public areas of this site, but only for your
own internal purposes. You agree not to access (or attempt to access)
this site by any means other than through the interface we provide,
unless you have been specifically allowed to do so in a separate
agreement. You agree not to access (or attempt to access) this site
through any automated means (including use of scripts or web crawlers),
and you agree to comply with the instructions set out in any robots.txt
file present on this site. You are not authorized to (i) resell,
sublicense, transfer, assign, or distribute the site, its services or
content; (ii) modify or make derivative works based on the site, its
services or content; or (iii) “frame” or “mirror” the site, its
services or content on any other server or Internet-enabled device. All
rights not expressly granted in this Agreement are reserved by us and
our licensors. - How We Treat Postings To This Site. We will not treat
information
that you post to areas of this site that are viewable by others (for
example, to a blog, forum or chat-room) as proprietary, private, or
confidential. We have no obligation to monitor posts to this site or to
exercise any editorial control over such posts; however, we reserve the
right to review such posts and to remove any material that, in our
judgment, is not appropriate. Posting, transmitting, promoting, using,
distributing or storing content that could subject us to any legal
liability, whether in tort or otherwise, or that is in violation of any
applicable law or regulation, or otherwise contrary to commonly
accepted community standards, is prohibited, including without
limitation information and material protected by copyright, trademark,
trade secret, nondisclosure or confidentiality agreements, or other
intellectual property rights, and material that is obscene, defamatory,
constitutes a threat, or violates export control laws. - Defamation;
Communications Decency Act Notice. This site is a provider of
“interactive computer services” under the Communications Decency Act,
47 U.S.C. Section 230, and as such, our liability for defamation and
other claims arising out of any postings to this site by third parties
is limited as described therein. We are not responsible for content or
any other information posted to this site by third parties. We neither
warrant the accuracy of such postings or exercise any editorial control
over such posts, nor do we assume any legal obligation for editorial
control of content posted by third parties or liability in connection
with such postings, including any responsibility or liability for
investigating or verifying the accuracy of any content or any other
information contained in such postings. - Monitoring. We reserve the right, but not the obligation,
to monitor
your access and use of this site without notification to you. We may
record or log your use in a manner as set out in our Privacy Policy
that is accessible though the Privacy Policy link on this
site’s home page. - Separate
Agreements. You may acquire products, services and/or content from this
site. We reserve the right to require that you agree to separate
agreements as a condition of your use and/or purchase of such products,
services and/or content. - Ownership. The material provided on this site is protected
by law,
including, but not limited to, United States copyright law and
international treaties. The copyrights and other intellectual property
in the content of this site is owned by us and/or others. Except for
the limited rights granted herein, all other rights are reserved. 9.
DMCA Notice.This site is an Internet “service provider”
under the
Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As
Required by the DMCA, this site maintains specific contact information
provided below, including an e-mail address, for notifications of
claimed infringement regarding materials posted to this site. All
notices should be addressed to the contact person specified below (our
agent for notice of claimed infringement): Notification of Claimed
Infringement: Business Promotion, Inc. 3676 Gloucester Dr Suite 100
Lexington, KY, 40510 Agent’s Name/Email Address:
compliance.officer-at-IMNewsWatch.com Telephone: 859-523-4569
Facsimile: 859-253-1203
You may contact our agent for notice of claimed infringement
specified
above with complaints regarding allegedly infringing posted material
and we will investigate those complaints. If the posted material is
believed in good faith by us to violate any applicable law, we will
remove or disable access to any such material, and we will notify the
posting party that the material has been blocked or removed.In
notifying us of alleged copyright infringement, the DMCA requires that
you include the following information:(i) description of
the
copyrighted work that is the subject of claimed infringement;(ii)
description of the infringing material and information sufficient to
permit us to locate the alleged material;(iii) contact
information for
you, including your address, telephone number and/or e-mail address;
(iv) a statement by you that you have a good faith belief
that the
material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law;(v) a
statement by
you, signed under penalty of perjury, that the information in the
notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed; and(vi) a
physical or
electronic signature of the copyright owner or a person authorized to
act on the copyright owner’s behalf. Failure to include all of the
above-listed information may result in the delay of the processing of
your complaint.
- Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY
SEPARATE
WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR
PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF
OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH
PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY
SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT
ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY
DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS,
SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS,
TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A)
WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL
PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS
SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED
WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE
LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. - Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR
ITS
LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS
SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION,
INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE
OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. - Links to This Site. We grant to you a limited, revocable,
and
nonexclusive right to create a hyperlink to this site provided that the
link does not portray us or our products or services in a false,
misleading, derogatory, or offensive matter. You may not use any logo,
trademark, or tradename that may be displayed on this site or other
proprietary graphic image in the link without our prior written
consent. - Links to Third Party Websites. We do not review or control
third
party websites that link to or from this site, and we are not
responsible for their content, and do not represent that their content
is accurate or appropriate. Your use of any third party site is on your
own initiative and at your own risk, and may be subject to the other
sites’ terms of use and privacy policy. - Participation In Promotions of Advertisers. You may enter
into
correspondence with or participate in promotions of advertisers
promoting their products, services or content on this site. Any such
correspondence or participation, including the delivery of and the
payment for products, services or content, are solely between you and
each such advertiser. - Consumer Rights Information; California Civil Code Section
1789.3.
If this site charges for services, products, content, or information,
pricing information will be posted as part of the ordering process for
this site. We maintain specific contact information including an e-mail
address for notifications of complaints and for inquiries regarding
pricing policies in accordance with California Civil Code Section
1789.3. All correspondence should be addressed to our agent for notice
at the following address: Notification of Consumer Rights Complaint or
Pricing Inquiry: Business Promotion, Inc. 3676 Gloucester Dr Suite 100
Lexington, KY, 40510 Contact: compliance.officer-at-IMNewsWatch.com
Telephone:859-523-4569 Facsimile:859-253-1203
You may contact us with complaints and inquiries regarding pricing and
we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at 1020
N. Street, #501, Sacramento, CA 95814, or by telephone at
1-916-445-1254. - Arbitration. Except for actions to protect intellectual
property
rights and to enforce an arbitrator’s decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement
or a breach thereof shall be submitted to and finally resolved by
arbitration under the rules of the American Arbitration Association
(“AAA”) then in effect. There shall be one arbitrator, and such
arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in
Lexington, Kentucky, USA, and may be conducted by telephone or online.
The arbitrator shall apply the laws of the State of Kentucky, USA to
all issues in dispute. The 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 findings of the
arbitrator shall be final and binding on the parties, and may be
entered in any court of competent jurisdiction for enforcement.
Enforcements of any award or judgment shall be governed by the United
Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Should either party file an action contrary to this
provision, the other party may recover attorney’s fees and costs up to
$1000.00. - Jurisdiction And Venue. The courts of Fayette County in the
State
of Kentucky, USA and the nearest U.S. District Court shall be the
exclusive jurisdiction and venue for all legal proceedings that are not
arbitrated under these Terms of Use. - Controlling Law. This Agreement shall be construed under
the laws
of the State of Kentucky, USA, excluding rules regarding conflicts of
law. The application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. - Intended For Use Only Within The United States. This site
is
intended for use only from within the United States. We do not
represent that this site is appropriate for use elsewhere. Access to
this site from locations where its contents are illegal is not
authorized. - Onward Transfer of Personal Information Outside Your
Country of
Residence. Any personal information which we may collect on this site
will be stored and processed in our servers located only in the United
States. If you reside outside the United States, you consent to the
transfer of personal information outside your country of residence to
the United States. - Severability. If any provision of these terms is declared
invalid
or unenforceable, such provision shall be deemed modified to the extent
necessary and possible to render it valid and enforceable. In any
event, the unenforceability or invalidity of any provision shall not
affect any other provision of these terms, and these terms shall
continue in full force and effect, and be construed and enforced, as if
such provision had not been included, or had been modified as above
provided, as the case may be. - Force Majeure. We shall not be liable for damages for any
delay or
failure of delivery arising out of causes beyond our reasonable control
and without our fault or negligence, including, but not limited to,
Acts of God, acts of civil or military authority, fires, riots, wars,
embargoes, Internet disruptions, hacker attacks, or communications
failures. - Privacy. Please review this site’s Privacy Policy which
also
governs your visit to this site. Our Privacy Policy is always
accessible through a ink on our site’s home page.
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Material Modifications Since January 1, 2011: Added GDPR acceptance button
Copyright © 2001-10 Digital Contracts,
Inc.
(http://www.digicontracts.com/). All Rights Reserved (this is not a
Creative Commons license). This document is licensed only for use by
the owner of this website. Copying or use of this document in whole or
in part by anyone other than the licensee is prohibited.
