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Terms and Conditions for Use
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of our website at:
www.interactmedia.com. |
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These terms and conditions shall govern your use of the www.interactmedia.com
website. Interact Media, LLC is the sole owner of this website ("site"). Set out
below are terms and conditions for use of this site. You agree to be bound by these
terms if you use our site. Be sure to check this page periodically for updates,
as your continued use of this site signifies your acceptance of any changed items.
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Our Intellectual Property |
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The Interact Media name and Interact Media-branded seals, logos, and related marks
are registered trademarks/design marks of Interact Media. The Interact Media Website
seal and other such marks are trademark/certification mark(s)/service mark(s) of
Interact Media. All rights reserved.
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Our Site and all of its contents (articles, text, photographs, images, illustrations,
graphics, video material, audio material, and software - collectively, the "intellectual
property"), are protected by copyright, trademark and other laws of the United States,
as well as international conventions and the laws of other countries. The intellectual
property is owned or controlled by Interact Media or the party credited as the provider
of the intellectual property. Additionally, the Site itself is protected by copyright
as a collective work and/or compilation. |
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No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise
exploited for any commercial purpose that is not expressly permitted by Interact
Media.
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You may browse through the Site and occasionally download small amounts of materials
appearing on the Site that are of interest to you. You must keep intact all copyright,
trademark and other notices contained in your personal copies. Except as otherwise
provided in these Terms & Conditions, you may not reproduce or allow others to reproduce
your personal copies of downloaded materials, nor may you make them available electronically
without our express written consent. You may not save or archive a significant portion
of the material appearing on the Site. You may not attempt to alter or modify the
content posted on the Site. Except as expressly set forth in these Terms & Conditions,
you may not copy, download, display, distribute, publish, enter into a database,
perform, modify, create derivative works, transmit, post, decompile, reverse engineer,
disassemble or in any way exploit any of our intellectual property or the Site itself.
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Proper Use of Our Site
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You may not use this Site for any purpose that is unlawful or prohibited by this
Terms and Conditions statement, or cause damage on or through this Site. You promise
that none of your communications with or through the Site will violate any applicable
local, state, national or international law.
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You agree to defend, indemnify and hold Interact Media, its officers, directors,
employees, agents, licensors, business associates, and suppliers harmless from and
against any actual or threatened claims, actions or demands, liabilities and settlements
including, without limitation, reasonable legal and accounting fees, resulting from,
or alleged to result from, your use of the Site in a manner that violates or is
alleged to violate this Terms and Conditions statement or any applicable law.
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Disclaimer of Warranty , Limitation of Liability, and Release |
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Interact Media does not guarantee the accuracy of information found on the Site.
Your reliance on information found on the Site is at your own risk. THE SITE, AND
ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS." Interact Media MAKES NO WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES
WILL Interact Media OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS
BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE
INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY
CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED
OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS
SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE,
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS,
WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED Interact
Media IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. INTERACT MEDIA DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR
TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE
EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Interact Media ON THIS
SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR
THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY.
WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
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Applicable law may not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations or exclusions may not apply to you. However, in no
event shall Interact Media's aggregate liability to you or any third party for damages,
losses, and causes of action exceed the amount paid by you, if any, for accessing
this Site or $100, whichever is lesser. You agree to bring any and all actions within
one year from the date of the accrual of the cause of action, and that actions brought
after this date will be barred.
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In the event that you have a dispute with Interact Media, you release Interact Media
(and our officers, directors, agents, and employees) from claims, demands, and damages
(actual and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California Civil
Code section 1542 which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially altered his settlement with
the debtor."
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Links to Other Sites
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Our Site may provide links to web sites not operated by Interact Media. Access to
any other sites linked to this Site is at your own risk. We assume no responsibility
for third-party web sites. For example, we do not vouch for the accuracy or reliability
of the information on third-party web sites, even if someone from our company is
quoted or leaves a comment. We assume no responsibility for the content of or services
offered by linked third party sites, and make no representations regarding the accuracy
of materials on third party Web sites. Statements made on third-party Web sites
linked to or from this site reflect only the views of their authors and not of Interact
Media.
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No Waiver
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No delay or failure by Interact Media to enforce any of these Terms and Conditions
shall constitute a waiver of any of our rights under these Terms and Conditions.
Neither the receipt of any funds by Interact Media nor the reliance of any person
on our actions shall be deemed to constitute a waiver of any part of these Terms
and Conditions. Only a specific, written waiver signed by an authorized representative
of Interact Media shall have any legal effect.
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Severability
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If any clause or provision set forth in this Terms and Conditions statement is determined
to be illegal, invalid or unenforceable under present or future law, the clause
or provision shall be deemed to be deleted without affecting the enforceability
of all remaining clauses or provisions.
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Governing Law and Jurisdiction
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These Terms and Conditions and any disputes arising under or related to these Terms
and Conditions and/or the privacy policy or to this Site will be governed by U.S.
federal law and the laws of the State of Ohio, without reference to its conflict
of law principles. Any such dispute shall be resolved exclusively in the state or
federal courts in Ohio, where we have our headquarters. You agree to submit to the
personal jurisdiction and venue of the courts of the State of Ohio for any legal
proceeding involving the Site, regardless of who initiated the proceeding.
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This English-language Terms and Conditions statement is Interact Media's official
agreement with users of this Site. In case of any inconsistency between this English-language
Terms and Conditions statement and its translation into another language, this English-language
document shall control.
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Copyright
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The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other copyright
laws, and is the property of Interact Media. The collective work includes works
that are licensed to Interact Media. Copyright 2006, Interact Media ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with Interact Media or purchasing
Interact Media products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly prohibited,
unless authorized by Interact Media. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
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Trademarks
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All trademarks, service marks and trade names of Interact Media used in the site
are trademarks or registered trademarks of Interact Media. |
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Warranty Disclaimer
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This site and the materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Interact Media disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Interact Media does not represent
or warrant that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. Interact Media does
not make any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
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Limitation of Liability
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Interact Media shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the services and products offered
on this site, or the performance of the services and products. Interact Media is
a verification service, and as such, attempts to verify the information that Interact
Media receives using reasonable means. Interact Media does not guarantee or warrantee
any information that they gather or use.
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Typographical Errors
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In the event that a Interact Media product is mistakenly listed at an incorrect
price, Interact Media reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Interact Media reserves the right to refuse
or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is cancelled, Interact Media shall issue a credit to your credit card
account in the amount of the incorrect price.
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Term; Termination
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These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or ordering process. These terms and conditions, or
any part of them, may be terminated by Interact Media without notice at any time,
for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.
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Notice
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Interact Media may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to Interact
Media.
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Miscellaneous
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Your use of this site shall be governed in all respects by the laws of the state
of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising
out of or relating to this site (including but not limited to the purchase of Interact
Media products) shall be in the state or federal courts located in Weber County,
Utah. Any cause of action or claim you may have with respect to the site (including
but not limited to the purchase of Interact Media products) must be commenced within
one (1) year after the claim or cause of action arises. Interact Media's failure
to insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any of these terms and conditions. Interact Media may assign its rights and duties
under this Agreement to any party at any time without notice to you.
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Use of Site
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Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Interact Media or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other commercial online
service or other organization.
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For More Information
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If you have any questions regarding our Terms and Conditions statement, please contact
us by sending an email to
support@interactmedia.com, or writing to us at Interact Media, 7512 Tyler
Blvd, Mentor, OH 44060
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Changes to this Agreement
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Interact Media reserves the right, in its sole discretion, to modify, alter, or
otherwise change this Agreement at any time. Please review the Terms of Use and/or
Additional Terms periodically for changes. Your continued use of the Interact Media
Website constitutes your acceptance of and agreement to be bound by these changes
without limitation, qualification or change. If at any time you determine that you
do not accept these changes, you must stop using this Website.
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Participation Disclaimer
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Interact Media does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site,
Interact Media is merely acting as a passive conduit for such distribution and is
not undertaking any obligation or liability relating to any contents or activities
on the site. However, Interact Media reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Interact
Media in its sole discretion.
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Indemnification
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You agree to indemnify, defend, and hold harmless Interact Media, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
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