This agreement is subject to change by IMNews at any time, effective upon posting on the relevant Website. Your continued use of the Websites and the Service following IMNews posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This electronic agreement sets out the legally binding terms of your use of the Websites and the Service. IMNews may modify this agreement from time to time, such modifications to be effective upon posting by IMNews on the Websites. By accessing and using the Websites or becoming a Member, you accept this agreement and agree to the terms, conditions and notices contained or referenced herein.
- Access and Retention. To access and retain this electronic agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this agreement, you may save it into any word processing program.
- Commercial Use of Service. If you are using the Service or accessing the Websites on behalf of a company, entity, or organisation (collectively, a “Subscribing Entity”), you represent and warrant that:
- You are an authorised representative of the Subscribing Entity, and you have the authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and unauthorised uses of the Websites include but are not limited to browsing or downloading illegal content, collecting usernames or email addresses of members by electronic or other means to send unsolicited email, unauthorised framing of or link to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any applicable laws and regulations. Illegal or unauthorised use of the Websites may be investigated, and appropriate legal action may be taken, including civil, criminal, and injunctive redress. Use of the Websites and Service is permitted by IMNews, which may be revoked at any time, for any reason, in IMNews’s sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify IMNews of any unauthorised use of your username or password or any other security breach and (b) ensure that you exit your account at the end of each session. IMNews will not be liable for any loss or damage arising from your failure to comply with this provision. It would help if you used particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. If you share your computer with others, you may consider turning off your auto-login feature if it is linked to your IMNews account.
- Your Use of the Websites
- You may not browse or download illegal content.
- You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites unless given express permission by IMNews.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
- You must not use any Content (other than Your Content) in any way designed to create a separate content service or replicates any part of the Website’s offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise use any Content.
- You must not use bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, post comments, or otherwise act on your behalf, mainly where such activity occurs multiply or repetitively. You must not offer or promote the availability of any such techniques or services to any other Websites users.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information about Content other than Your Content.
- You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in IMNews’s sole and reasonable discretion;
● any information, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties, including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in IMNews’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
● any unsolicited or unauthorised advertising, promotional messages, spam or other solicitation.
j. You must not commit or engage in, encourage, induce, solicit or promote any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Websites or any Content on the Websites. However, this will not prevent you from including links from Your Content to any legitimate online download store where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user or IMNews team member. Suppose we feel that your behaviour towards any of our employees is at any time threatening or offensive. In that case, we reserve the right to terminate your membership immediately, and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any IMNews account to any third party without the prior written approval of IMNews.
- You must not collect or attempt to collect personal data or any other information about other users, including, without limitation, through spidering or scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by IMNews or any Uploader; access or attempt to access data or materials which are not intended for your use; log into or attempt to log into a server or account which you are not authorised to access; attempt to scan or test the vulnerability of IMNews’s servers, system or network or attempt to breach IMNews’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking IMNews’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of IMNews under these Terms of Service, IMNews reserves the right to investigate any situation that appears to involve any of the above and may report such matters to and cooperate with appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions and acknowledge and agree that IMNews has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include court action or reporting offending users to the relevant authorities.
- Representations and Warranties. You, with this, represent and warrant to IMNews as follows:
- Your Content, and each part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary to use, and (if and where relevant) to authorise IMNews to use, Your Content according to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each part thereof, on, through or via the Websites, any Services and any third party services.
- Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- You have obtained all necessary consents, permissions and releases from any persons appearing in Your Content to include their name, voice, performance or likeness and publish them on the Websites and via any third-party services.
- Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on the grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability for IMNews, its subsidiaries, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders.
IMNews reserves the right to remove Your Content, suspend or terminate your access to the Platform and pursue all legal remedies if we believe that Your Content breaches any of the previous representations or warranties or otherwise infringes another person’s rights or violates any law, rule or regulation.
- Term. This agreement will remain in full force and effect while you use the Websites and Services. You may terminate your membership or subscription at any time by contacting us at email@example.com. Suppose you resign or cancel your membership and subscription to IMNews, to help IMNews analyse and improve the Service. In that case, you may be asked to explain your resignation/cancellation. IMNews may terminate your membership or subscription for any reason by sending a notice to you at the email address you provide in your application for membership or such other email address as you may later provide to IMNews. If IMNews terminates your membership in the Service because you have breached this agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of IMNews. IMNews is not required to provide notice before terminating your membership or subscription. IMNews is unnecessary, and may be prohibited from disclosing a reason for removing your account. Even after your membership or subscription is terminated, this agreement will remain in effect. All terms that may survive termination of this agreement by their nature shall be deemed to survive such termination.
- Modifications to Service. IMNews reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IMNews shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
- Blocking of I.P. Addresses. To protect the integrity of the Services, IMNews reserves the right at any time in its sole discretion to block Members from specific I.P. addresses from accessing the Websites.
a. Proprietary Rights. IMNews retains all proprietary rights in the Websites and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of IMNews, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on IMNews is proprietary. Except where otherwise specified in this agreement, all content is the copyrighted material of IMNews and for IMNews’s Members’ use only. Distribution of Content to others is strictly prohibited. You agree that IMNews would be irreparably harmed by any violation or threatened violation of this section and that, therefore, IMNews shall be entitled to an injunction prohibiting you from any breach or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third-party websites, and some of the content appearing on IMNews may be supplied by third parties. IMNews has no responsibility for these third-party websites nor their content, which is subject to and governed by the applicable third-party content providers’ Terms of Service and privacy policies, if any.
- Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites or the Service (“Your Content”) shall become the property of IMNews. This shall not affect Sections (Copyright Policy), (Limitation of Liability), and (Indemnity by You) of this agreement.
However, concerning Your Content, IMNews grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except concerning commercial or for-profit use accounts.
Any Content other than Your Content is the property of the relevant Uploader and may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Such content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost or include another user’s content in a set, you acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in the range are reserved to the relevant Uploader.
- Restrictions on Use of Materials. You acknowledge that IMNews contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). IMNews owns a copyright in selecting, coordinating, arranging and enhancing such Intellectual Property. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or exploit any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
- Copyright Policy. IMNews prohibits submitting or posting any information that infringes or violates any person or entity’s copyright rights and other intellectual property rights (including rights of privacy and publicity).
According to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you, with this, agree that notifications of claimed copyright infringement be sent by certified mail to:
Information Marketing News, 23 Cranwell Court, Newcastle, United Kingdom, NE3 2UX
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to IMNews at the address shown above, giving a written statement that contains:
- identification of the copyrighted work or intellectual property right claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, daytime telephone number, and email address if available;
- a statement that you have a good faith belief that the use of the copyrighted work or exercise of the intellectual property right is not authorised by the owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed; and
- the signature of the intellectual property right owner or someone authorised on the owner’s behalf to assert infringement of the right.
IMNews will process any notice of alleged infringement which it receives. They will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Liability for Content. You now acknowledge and agree that IMNews (i) stores content and other information at the direction, request and authorisation of its users, (ii) acts merely as a passive conduit or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, IMNews excludes all liability to all content (including Your Content) and the activities of its users to that.
You now acknowledge and agree that IMNews cannot and does not review the content created or uploaded by its users. Neither IMNews nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
IMNews and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders now exclude, to the fullest extent permitted by law, all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. Using the Websites, you irrevocably waive the right to assert any claim concerning any preceding against IMNews or its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
- Repeat Infringers. IMNews will suspend or terminate your access to the Websites if IMNews determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party following our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user receiving more than two of these warnings is liable to have their access to the Websites terminated.
We will also suspend or terminate your account without warning if ordered by a court and in other appropriate circumstances, as determined by IMNews at its sole discretion.
Please note that we do not offer refunds to Members whose accounts are terminated due to repeated infringement of these Terms of Service.
- Limitation of Liability. Shall IMNews not be liable for any direct, indirect, general, special, compensatory, consequential, or incidental damages arising from or relating to the Websites or Service or use thereof? Nothing contained in this Website or any written or oral communications from IMNews or its employees or agents shall be construed to make any promise, covenant, or guarantee, all explicitly disclaimed now, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. IMNews makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You now acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL IMNews, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF IMNews HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL IMNews HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF IMNews HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
Suppose any of the foregoing limitations are deemed unenforceable to the greatest extent permitted by law. In that case, you agree that the entire aggregate liability of IMNews and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of £500.00 (Five Hundred Pounds Sterling)or the sum of any amount paid by the Member or user to IMNews during the six months before notice to IMNews of the dispute for which the remedy is sought.
- Indemnity by You. You agree to indemnify and hold IMNews, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Service and Websites in violation of this agreement and arising from a breach of this agreement, including without limitation your representations and warranties set forth above;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, or your making available thereof to other users of the Websites, or the actual use of Your Content by other users of the Websites or related services under these Terms of Service and the parameters set by you concerning the distribution and sharing of Your Content;
- any activity related to your account, either by you or by any other person accessing your account with or without your consent, unless the act of IMNews caused such activity.
- Attorney Fees. If IMNews succeeds in whole or in part in any action or proceeding related to or arising from this agreement, you shall be responsible for IMNews’s attorneys’ fees and costs.
- Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. UNDER THE AGE OF 17, CHILDREN ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
- Jurisdiction and Choice of Law; Dispute Resolution. Suppose any dispute arises from the Websites and/or the Service by using the Websites and Service. In England, without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of England’s state and federal courts for the resolution of any such dispute. Acceptance of the terms and conditions of this agreement constitutes your consent to be sued in such courts and to accept service of process outside England with the same force and effect as if such service had been made within England. You now agree to receive service of process for any action hereunder by certified mail return receipt requested, which shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites or Service, you agree that any disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and Service shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such claim. Judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held under the Rules for Expedited Procedures under the Commercial Arbitration Rules of the English Arbitration Association or another mutually agreeable organisation before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by England County of Tyne & Wear courts. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of England, County of Tyne & Wear. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to this agreement.
- Entire Agreement. This agreement contains the entire agreement between you and IMNews regarding using the Websites and the Service.
- Severability; Waiver. Suppose any provision of this agreement is invalid by any court with competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such or any other term. In addition, IMNews’s failure to enforce any term of this agreement shall not be considered a waiver of such term or otherwise affect IMNews’s ability to enforce such term at any point in the future.
- Headings. The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
Please get in touch with us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.