Please read these terms and conditions (“Terms”) carefully as they contain the terms and conditions that govern your access to, and use of, International Masters Publishers, Inc.’s website: www.imponline.com (“Site”), use of our services and purchase of any of the products we offer.
We reserve the right to change, supplement, delete or update these Terms from time to time without any notice to you. If you have created an online account, we shall attempt to notify you of any material changes to these Terms by email sent to the address you provided when you created the account. However, there may be situations in which you have not received a notice and therefore we encourage you to refer to these pages periodically to check for any changes. If you continue to access the Site following the changes to these Terms, you will be deemed to have accepted those changes.
Depending on the products you purchase and the services you use, you may be subject to other terms and conditions on different pages of this Site which are all incorporated by reference into these terms and conditions.
1. DEFINITIONS
"we" and "us" means International Masters Publishers, Inc.
"Service(s)" means the use of a Site and the services provided through the Sites.
"User" and "you" means any person who visits a Site, purchases a Product and/or uses our Service.
2. AUTHORIZATION OF USE
You may copy the information published by us on our Sites for non-commercial use only by you. You agree that if you copy any part of a Site, you shall retain all copyright and other proprietary notices contained herein.
3. NEWSLETTERS
When you register for our newsletter(s) you are agreeing that you are 13 years old or older and agree to IMP’s privacy policy. We will use your name and email address to send the newsletter to you. If you decide not to receive these newsletters you can unsubscribe by editing your profile or clicking on “unsubscribe” at the bottom of the newsletter.
We have a firm commitment to safeguarding your privacy. Please click here to review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
5. COPYRIGHT/TRADEMARK
- ©2011 International Masters Publishers AB (IMP AB). Copyright in the pages, screens displaying the information, and materials contained in the Sites is owned by IMP AB unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of IMP AB, its parent or affiliates, or any third party.
- i/m/p (and design), IMP, IMPONLINE, inspiring & informing you, cooking village are registered trademarks of IMP AB. Easy Everyday Cooking, Grandma’s Kitchen and Great Meals in under 30 minutes are trademarks of IMP AB. All trademarks and copyrighted material are used under license by International Masters Publishers, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
- If you believe your copyright has been infringed please contact us at the following address or email us with the details:
International Masters Publishers, Inc.
352 Park Avenue South
New York, New York 10010
Attention: Copyright Infringement
Email: legaldepartment@imponline.com
6. EXTERNAL LINKS
The Sites may provide links to other sites we own and third party sites. Please beware that we do not control the third party sites available through these links, and the information contained in such sites. We are not responsible for the availability of such external sites and do not make any representations to you about these sites or the information available there. We do not endorse the companies or products to which we have provided links. We shall not be responsible or liable, directly or indirectly, for any damage caused, or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on or through any such site or resource. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM OURS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN OUR SITE.
7. IDEAS/MATERIALS/COMMENTS/SUBMISSIONS
- Any ideas that you submit to us on how to improve our Site or our Services automatically become our property and you lose any right or interest you had in such idea. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at CustomerService@imponline.com. and insert "New Ideas" in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
- By submitting to us any comments, questions, recipes or other material (“Material”) you grant us, our parent, affiliates, successors, assigns, licensees, and legal representatives, the irrevocable, perpetual, worldwide right and license to use, reproduce, edit, market, store, create derivative works based upon the Material or other intellectual property rights therein, publicly and privately distribute, display, communicate, promote and transmit the Material, through our Site, the mail, in our direct mail pieces, and in any other form as we may designate from time to time in any medium for editorial, commercial, promotional or other purposes. By sending any Material to us you hereby declare such Material is not confidential, secret or proprietary information belonging to someone else. You also agree that any Material submitted by you or on your behalf will automatically become our property without compensation of any kind to you or any third party.
- If you have any comments or questions about the information posted on our Sites, our Products and or Services please contact our Customer Service Department by clicking Contact Us.
8. FORUMS/TESTIMONIALS
Our Sites may include interactive areas such as comments, and discussion areas. All such interactive areas are to be used for noncommercial purposes. You are responsible for the material you upload. You agree as follows:
- Not to disclose personally identifiable information;
- Not to upload or write a message that may be obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Not to upload, post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- Not to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Not to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
From time to time we post testimonials from our customers to share the benefits of our Sites, Services and or products. All testimonials in which personal information is included are always consented to prior to posting. Should you want your testimonial removed from our Site please contact CustomerService@imponline.com.
9. DELAYS
If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any Site, Service and/or Products or any delay caused by such event beyond our reasonable control.
10. INDEMNIFICATIONS
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, INCLUDING OUR DIRECTORS AND OFFICERS, OUR PARENT, AFFILIATES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, (COLLECTIVELY THE “IMP GROUP”) FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY BREACH OR VIOLATION OF THESE TERMS, ALLEGATION OR ACTUAL INFRINGEMENT OF OUR COPYRIGHT, USE OR MISUSE OF A SITE, SERVICES OR PRODUCTS BY YOU OR ANY OTHER PERSON WHO ACCESSES THE SITE USING YOUR ACCOUNT, OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- THE SERVICE, THE CONTENT MADE AVAILABLE THROUGH OUR SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" ON AN “AS AVAILABLE BASIS” WITH NO WARRANTIES WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY A SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT A SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON A SITE.
- WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES AND PRODUCTS YOU PURCHASE THROUGH, OR ARE ADVERTISED ON, THE SITES.
- TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE A SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY A SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT POSTED ON A SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO A SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO A SITE OR THE SERVICES OR PRODUCTS OFFERED ON A SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
12. DENYING ACCESS TO THE SITE
It is our mission to create a safe and friendly environment for our Users. If you do not comply with these Terms, we may at our discretion, deny you access to the Sites.
13. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
14. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to the Sites, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
August 2011
