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7-22-11 Terms and Conditions You do not have to purchase a membership. You can purchase any of the Products or Services. You State: I AGREE to pay the amount on the website and NOT cancel the transaction with my bank or Credit Card Company. I will contact interactive-media-network.com to resolve any problem with my order. I understand that interactive-media-network.com may initiate a collection and submit a negative report to the Consumer Credit Reporting agencies. Credit Card Fraud is a criminal offense in any country. I UNDERSTAND THAT THE PROGRAM IS NOT JUST A SOFTWARE PACKAGE AND THAT NOT LOGGING INTO THE SOFTWARE DOES NOT VOID ANY PART OF THE AGREEMENTS. This Agreement ("Agreement") is by and between interactive-media-network.com and/or its subsidiaries and agents ("WEBSITES") a Florida corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of interactive-media-network.com software (“Software”), Products (“Products”) and services (“Services”) and explains interactive-media-network.com obligations to you and your obligations to interactive-media-network.com in relation to the Software, Products and Services You purchase. This Agreement as well as any additional interactive-media-network.com policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and interactive-media-network.com concerning your use and purchase of interactive-media-network.com Products, and supersede and govern all prior proposals, agreements, and/or other communications. All interactive-media-network.com policies and agreements specific to particular Products are incorporated herein and made part of this Agreement by reference. By purchasing interactive-media-network.com Products, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which interactive-media-network.com may establish from time to time, and any agreements that interactive-media-network.com is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online. In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with interactive-media-network.com whether or not the transactions were in your behalf. The General Terms in Section apply to all customers of interactive-media-network.com GENERAL TERMS APPLICABLE TO ALL SOFTWARE PRODUCTS AND SERVICES 1. TERM OF AGREEMENT; MODIFICATIONS. You agree that interactive-media-network.com may modify this Agreement and the Services from time to time. You agree to be bound by any changes interactive-media-network.com may reasonably make to this Agreement when such changes are made. If you have purchased Products from interactive-media-network.com the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software and/or Products and Services. In the event you terminate your usage, interactive-media-network.com will not refund any amounts you have paid outside policies posted on WEBSITE. You agree that interactive-media-network.com shall not be bound by any representations made by third parties who you may use to purchase Services from, and that any statement of a general nature, which may be posted on interactive-media-network.com Web site or contained in interactive-media-network.com promotional materials, will not bind interactive-media-network.com in any way. interactive-media-network.com may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying interactive-media-network.com IN WRITING TO THE SUPPORT SITE should you desire to terminate your use of interactive-media-network.com services. Messages left in voice mail boxes or verbal conversations do not qualify as notifications to interactive-media-network.com. Notification of Your intent to terminate must be provided in writing to interactive-media-network.com no earlier than 10 days prior to your billing date but no later than three days prior to your billing date. Any failure to participate in any portion of the program and/or activities does not entitle participant to an extension of the program nor does it entitle the participant to any refunds of any program fees paid. Program contents and materials are subject to change without notice. interactive-media-network.com at it's sole discretions may change, and/or add to the materials, topics, media, speakers, or experts described and/or change, substitute, add to or schedule differently and teleconference calls or training described. A change to any of the above does not entitle the participant to a refund of any sort. I UNDERSTAND THAT THE PROGRAM IS NOT JUST A SOFTWARE PACKAGE AND THAT PARTICIPANT NOT LOGGING INTO THE SOFTWARE OR WEBSITE DOES NOT VOID ANY PART OF THE AGREEMENTS NOR AUTOMATICALLY QUALIFY FOR ANY REFUNDS. 2. ACCURATE INFORMATION. You agree to maintain accurate information by providing updates to interactive-media-network.com as needed, while you are using interactive-media-network.com Services. You agree you will notify interactive-media-network.com within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by interactive-media-network.com to determine the validity of information provided by you will constitute a material breach of this Agreement. You agree that interactive-media-network.com may use and rely on any such information provided by you for all purposes in connection with Your Services, subject to interactive-media-network.com Privacy Policy. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if interactive-media-network.com has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, interactive-media-network.com has the absolute right, in its sole discretion, to terminate its Services and close your account. 3. PRIVACY. You can view interactive-media-network.com Privacy Policy at interactive-media-network.com/privacy.html. The Privacy Policy provides your rights and interactive-media-network.com's responsibilities with regard to your personal information. interactive-media-network.com will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. 4. ACCOUNT SECURITY. You agree you are entirely responsible for maintaining the confidentiality of your customer number/login, password, credit card number, and security key (collectively, the "Account Access Information"). You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify interactive-media-network.com/helpdesk immediately of any unauthorized use of your account or any other breach of security. You agree interactive-media-network.com will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You further agree you could be held liable for losses incurred by interactive-media-network.com or another party due to someone else using Your Account Access Information. For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. interactive-media-network.com specifically disclaims liability for any activity in your account, whether authorized by you or not. 5. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of your use of interactive-media-network.com products, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to interactive-media-network.com if, for any reason, interactive-media-network.com takes corrective action with respect to Your improper or illegal use of its Services. interactive-media-network.com reserves the right at all times to disclose any information as interactive-media-network.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in interactive-media-network.com sole discretion. If you have purchased Products,interactive-media-network.com has no obligation to monitor your use of the Services. interactive-media-network.com reserves the right to review your use of the Services and to cancel the Services in its sole discretion. interactive-media-network.com reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever. interactive-media-network.com reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against interactive-media-network.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Except as set forth below, interactive-media-network.com may also cancel your use of the Services, after thirty (30) days, if you are using the Services, as determined by interactive-media-network.com in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event interactive-media-network.com cancels Your Services during the first thirty (30) days after you purchase the Services, You will receive a refund of any fees paid to interactive-media-network.com in connection with the Services being canceled. In the event interactive-media-network.com deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to interactive-media-network.com if, for any reason, interactive-media-network.com takes corrective action with respect to Your improper or illegal use of its Services. 6. NO SPAM; LIQUIDATED DAMAGES. You agree interactive-media-network.com may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay interactive-media-network.com liquidated damages of $1 US for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay interactive-media-network.com actual damages. 7. INTELLECTUAL PROPERTY. You agree that interactive-media-network.com or its licensor holds all rights, title and interest in all Products and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and materials contained in this Agreement, other policies, the interactive-media-network.com Web site, and any affiliated Web sites, materials, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that interactive-media-network.com or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of interactive-media-network.com or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise. This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site ("Site Software"). Unless otherwise specified in a purchase agreement for any interactive-media-network.com Software products, you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the interactive-media-network.com Software or the Site Software. 8. USE OF interactive-media-network.com SOFTWARE. If you have licensed software and services from interactive-media-network.com, interactive-media-network.com grants You a limited, non-exclusive, nontransferable and non-assignable, non-sharing license to use the software and materials for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software. You agree you are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. interactive-media-network.com reserves all rights to the Software and materials. The Software, materials and any copies you are authorized to make are the intellectual property of interactive-media-network.com. The source code and its organization are the exclusive property of interactive-media-network.com and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant you any rights in the Software and all rights are reserved by interactive-media-network.com. interactive-media-network.com provides this Software, services, and materials “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. 9. FEES AND PAYMENT. As consideration for the Products purchased by you and provided to you by interactive-media-network.com, You agree to pay interactive-media-network.com at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. interactive-media-network.com expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing either a valid credit card, or using interactive-media-network.com prepaid services such as cash, “paid on site at events”, or company checks, or certified bank checks. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If for any reason interactive-media-network.com is unable to charge Your Payment Method for the full amount owed interactive-media-network.com for the Services provided, or if interactive-media-network.com is charged a penalty for any fee it previously charged to Your Payment Method, you agree that interactive-media-network.com may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason interactive-media-network.com is unable to charge Your credit card with the full amount of the Services provided, or if interactive-media-network.com is charged back for any fee it previously charged to the credit card You provided, You agree that interactive-media-network.com may pursue all available remedies in order to obtain payment. You agree that among the remedies interactive-media-network.com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any Services registered, bought or renewed on your behalf. interactive-media-network.com reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change Your Payment Method at any time by contacting interactive-media-network.com/helpdesk. You agree that you are solely liable for arranging that Your Services are renewed, and that interactive-media-network.com shall not be liable to you or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all purchases are processed in US dollars, interactive-media-network.com may provide an estimated conversion price to currencies other than US dollars. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged, if in a currency other than US dollars,may fluctuate. Accordingly, interactive-media-network.com makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price. 10. REPRESENTATIONS AND WARRANTIES. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. 11. LIMITATION OF LIABILITY. IN NO EVENT SHALL interactive-media-network.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE PRODUCTS OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF interactive-media-network.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, interactive-media-network.com liability is limited to the full extent permitted by law. You agree that in no event shall interactive-media-network.com maximum aggregate liability exceed the total amount paid by you for the particular Products in dispute purchased from interactive-media-network.com. 12. DISCLAIMER OF WARRANTIES. interactive-media-network.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. interactive-media-network.com makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. interactive-media-network.com does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you. 13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless interactive-media-network.com and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with interactive-media-network.com whether or not on Your behalf, and whether or not with Your permission) use of the Software, Products or Services You purchased from interactive-media-network.com or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold interactive-media-network.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should interactive-media-network.com be notified of a pending law suit, or receive notice of the filing of a law suit, interactive-media-network.com may seek a written confirmation from you concerning your obligation to indemnify interactive-media-network.com. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that interactive-media-network.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify interactive-media-network.com of any such claim promptly in writing and to allow interactive-media-network.com to control the proceedings. You agree to cooperate fully with interactive-media-network.com during such proceedings. You agree You will not be entitled to a refund of any fees paid to interactive-media-network.com if, for any reason, interactive-media-network.com takes corrective action with respect to Your improper or illegal use of its services. You also agree that if interactive-media-network.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with interactive-media-network.com, that interactive-media-network.com, in its sole discretion, may take whatever action interactive-media-network.com deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. 14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This agreement shall be deemed entered into in the State of Florida. You agree that the laws and judicial decisions of Florida, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Florida. For the adjudication of disputes concerning the use of any domain name registered with interactive-media-network.com You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Palm Beach located in Florida. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. 15. NOTICES. You agree that all notices (except for notices concerning breach of this Agreement) from interactive-media-network.com to you may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address you have on file with interactive-media-network.com. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to interactive-media-network.com shall be made either by email or first class mail sent to the address provided on the interactive-media-network.com Web site. 16. HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control. 17. ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers constitute the complete and only Agreement between You and interactive-media-network.com regarding the Services contemplated herein. 18. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 19. WAIVER. The failure of interactive-media-network.com to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of interactive-media-network.com thereafter to enforce such provisions. 20. FORCE MAJEURE. interactive-media-network.com will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold interactive-media-network.com liable for any of the consequences of such interruptions and no refunds shall be warranted. 21. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. 22.AFFILIATE PROGRAM I understand that customers are NOT eligible for affiliate commissions on their own purchases. In the event that I become a certified affiliate, at that point I can earn affiliate commissions. A certified affiliate is one affiliate that has or is doing promotional activities. 23.ATTENDENCE AT EVENTS OR CALLS/MEETINGS I agree that I am freely and willingly participating in the interactive-media-network.com teleseminars, calls, web conferences, meetings, and do hereby grant interactive-media-network.com, or designated entities permission to record and duplicate recordings of any and all, but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, etc. I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings, regardless of the product format (audio, visual, written, etc.) and further authorize the use of myself, voice and/or likeness on the aforementioned. Any funds from the sale of these recordings past, future, or present will be exclusively for the benefit interactive-media-network.com. interactive-media-network.com shall own all rights to any and all such works and may make use or nonuse of such works without payment or obligation to the attendee or customer. Downloadable Terms of Use
(a) install the Product in only one location; you may physically transfer the Products and its archives from one location to another, however it may only be used in one location at a time; (b) make one (1) copy of the Product solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy; (c) make copies of any document, worksheet, chart or presentation template included with the Products as needed to tailor that template for particular applications; you may share those tailored versions of the templates with others for the purposes of communicating the information contained in them; you may not resell any tailored versions of the templates.
PROHIBITED USES (a) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Product or its accompanying materials; (b) sub-license, re-sell, rent, barter or lend the Product; (c) post a copy of the Product on a network server or web server for use by other users; or (d) transfer the rights to the Product or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. COPYRIGHT NOTICE
By purchasing a
"membership", you are entering into a contract,
and you "Member" agree to be bound by these Conditions,
or "the
"Agreement". Platinum Monthly memberships will renew automatically and
will be billed at the current rate. Cancellations are to be in
writing to interactive-media-network.com/helpdesk.
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