GENERAL TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using this Web Site. If you do not agree to these Terms and Conditions exit now and do not use this Web Site.
These Terms and Conditions apply to the use by you of this Web Site and any other subscription product or service offered for sale on this Web Site by Imek Media, LLC and/or its affiliates. The right to use any product or service offered by Imek Media is personal to you and is not transferable to any other person or entity.
2. Changes to this Web Site
Imek Media shall have the right at any time to change or discontinue any aspect or feature of this Web Site including, but not limited to equipment needed for access or use.
3. Your Responsibilities
a. You agree that you will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations.
b. You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services.
c. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any name or password.
d. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/or password. All such information will be considered by Imek Media to be sent and authorized by you.
e. You agree that you will not use the Web Site to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Web Site.
f. If you place any order for any subscription, products and/or services by placing such an order you confirm and warrant that you are 18 years or over.
4. Disclaimer of Warranty; Limitation of Liability
a. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of IMEK MEDIA or any of its officers, employees and agents to you for death or personal injury resulting from the negligence of such persons.
b. You expressly agree that the use of this Web Site is at your sole risk. Neither IMEK MEDIA, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information, service or products provided through this site.
c. This Web Site is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.
d. Without prejudice to any liability for fraudulent misrepresentation or fraudulent misstatement, the disclaimers of liability contained in this clause apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that IMEK MEDIA is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
e. In no event will IMEK MEDIA or any person or entity involved in creating, producing or distributing this Web Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this Web Site or out of the breach of any warranty. You hereby acknowledge that the provisions of this clause shall apply to all content on this Web Site. IMEK MEDIA’s liability to users, if any, shall in no event exceed the total amount paid by you to IMEK MEDIA
f. IMEK MEDIA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on this Web Site by anyone other than authorized IMEK MEDIA employed spokespersons while acting in their official capacities. Under no circumstances will IMEK MEDIA be liable for any loss or damage caused by your reliance on information obtained through either the content on this Web Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through this Web Site.
g. IMEK MEDIA does not endorse, warrant or guarantee any products or services offered through this Web Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. IMEK MEDIA makes products or services available on this Web Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.
You agree to defend, indemnify and hold harmless IMEK MEDIA:, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use by you of this Web Site and your connection to this Web Site.
IMEK MEDIA shall have the right to immediately terminate these Terms and Conditions with respect to any user, which IMEK MEDIA, in its sole discretion, considers unacceptable, or in the event of any breach by you of these Terms and Conditions. The provisions of clauses 4, 5, and 11 shall survive termination of these Terms and Conditions.
7. Subscription Services
a. Subscription Services: IMEK MEDIA makes available to users certain online subscription services. The following terms and conditions shall apply in the event of your acceptance of any promotions offered by IMEK MEDIA on this Web Site (the “Subscription”) or if you use the Web Site or send us an e-mail or a fax in order to pay your bill by credit card or to up-date your subscription details.
b. Subscription Terms: The Subscription will continue until IMEK MEDIA receives notification of termination from you as described in clause 8 below or until your Subscription comes to its expiry date. You authorize IMEK MEDIA to charge to the credit card account designated by you during the registration process, the price of the Subscription offer that you have accepted. If you renew your Subscription, you authorize IMEK MEDIA to charge the new Subscription fee to the credit card account you have designated. The new Subscription fee will be determined according to the terms of the Subscription renewal offer you have accepted. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the Subscription and avoid a charge to your credit card account by cancelling before expiration of the trial period.
c. Depending on the offer you have accepted, your Subscription may be automatically renewed. If not, you will be notified before the expiry date that your Subscription is nearing its end, and you will be requested to accept an offer for renewal of the Subscription for a further term.
d. At all times, you must provide IMEK MEDIA with accurate, complete, and up-to-date information as to your name, address and other personal details. Credit card account information which may have been provided by you at registration, or which may have been requested by IMEK MEDIA in order for your bill to be paid, must also always be accurate, complete, and up-to-date. Failure to comply with this requirement shall constitute a breach of these Terms and Conditions.
e. Changed Terms: IMEK MEDIA shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Web Site a revised version of these Terms and Conditions or notification by electronic or conventional mail. You agree to review the terms and conditions periodically to be aware of revisions. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
f. If any change is unacceptable to you, you retain the right to terminate your Subscription as provided in clause 8 below. If you do not exercise this option, your Subscription will continue until it comes to its expiry date.
g. Please note that you may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
a. Your only right with respect to any dissatisfaction with (i) these Terms and Conditions, (ii) policy or practice of IMEK MEDIA in operating this Web Site, (iii) content available through the Subscription or change therein, or (iv) prices or billing methods, or change to any of the foregoing is to terminate these Terms and Conditions, which will automatically result in termination of your Subscription and relationship with IMEK MEDIA. You can only terminate by sending written notice to us.
b. Notice of termination will be effective upon receipt by IMEK MEDIA. In the event that you terminate the Terms and Conditions and you have a current Subscription with us, IMEK MEDIA may (depending on the offer you have accepted from us) provide you with either (a) a full refund in relation to any monies already paid or (b) a pro rata refund of an amount equating to the value of the proportion of your Subscription which you have not yet received.
c. IMEK MEDIA has the right to immediately terminate these Terms and Conditions and its relationship with you where it reasonably considers your usage of the Web Site or Subscription services to be unacceptable or in the event of any breach by you of any of these Terms and Conditions. In the event that IMEK MEDIA terminates the Terms and Conditions and you have a Subscription with us, you will not receive any refund of monies paid to date for the Subscription services.
If you register for any prize competitions, promotions or other giveaways on this Web Site separate competition rules, accessed via the Web Site, will apply in addition to the terms of these Terms and Conditions.
10. Your Personal Information
a. You acknowledge that in the course of registering and using this Web Site, certain personal information or data about you (including financial information) will be captured electronically or otherwise and transmitted to IMEK MEDIA By accepting these Terms and Conditions, you expressly agree to transfer such personal information or data to IMEK MEDIA to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected web sites.
b. IMEK MEDIA has implemented security measures to ensure that your personal financial information is protected and is stored in encrypted form.
c. You further agree that IMEK MEDIA may send your personal data outside the country in which you reside for processing.
a. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
b. If any part of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the terms of these Terms and Conditions will not be affected.
c. If IMEK MEDIA is unable to perform any obligation under these Terms and Conditions because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond our reasonable control IMEK MEDIA will not have any liability for that failure to perform.
d. The provisions of these Terms and Conditions are for the benefit of IMEK MEDIA, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
e. These Terms and Conditions and any operating rules for this Web Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The Agreement shall be governed by the Laws of United States. The Courts of law at New York State/ city shall have exclusive jurisdiction over any disputes arising under this agreement
f. These Terms and Conditions may be varied or new terms and conditions imposed at any time. Such changes, modifications, additions or deletions shall be effective immediately upon the giving of notice thereof by IMEK MEDIA, which may be given by means including, but not limited to, posting on this Web Site a revised version of these Terms and Conditions or notification by electronic or conventional mail. You agree to review the terms and conditions regularly to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services. If you do not accept the revised terms and conditions please do not use this Web Site.