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Integrated Marketing
Solutions, Inc.
Terms of Use
Last Updated: July 23, 2008
Please read these Terms of Use carefully.
They contain important information about your rights and
obligations.
www.myfreevacation.com
(the “Website”) is brought to you by Integrated Marketing
Solutions, Inc. (“we” or “us”). By visiting and/or using the
Website, you fully and unconditionally agree to these Terms of
Use. If you do not agree to these Terms of Use, please do not
visit or use the Website. We may revise these Terms of Use at
any time by updating this page. By using the Website, you agree
to be bound by any such changes.
Your Conduct
Any information that you submit to us or that we collect
through the Website is subject to our Privacy Policy, the terms
of which are incorporated into these Terms of Use.
If you use any chat room or other community
on the Website, you must be at least thirteen (13) years old.
If you are a convicted sexual predator, you may not use any such
Website feature.
We recommend that minors over age 13 (that
is, between ages 13 and 18) obtain their parent’s or guardian’s
permission before sending information about themselves to anyone
online.
Click here for tips on staying safe online.
By using the Website, you agree not to
upload, post, email or otherwise send or transmit any material
that: (1) contains viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment associated with the Website; (2) is
abusive, illegal, libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights or otherwise
objectionable or which may give rise to liability or violate any
law; (3) is in violation of a copyright, trademark or other
intellectual property or other right of any person; or (4)
requests personally identifiable information. You also agree
not to: (1) impersonate any other person while using the
Website; (2) use the Website for any unlawful purpose; or (3)
upload commercial content to the Website or use the Website to
solicit others without our express prior written permission. If
you use any chat room or other community on the Website, you
will treat other users with respect.
If you choose to upload video and/or
photographs to the Website, by uploading such video or
photographs you agree that they: (1) do not contain any
copyrighted materials or trademarks that you do not own; and (2)
do not depict any individual or feature the voice of any
individual other than you unless you have obtained permission
from each person depicted or featured in the video. Any elements
or persons that appear in the video and/or photograph, including
without limitation, images, music, audio, speech, or other
audiovisual materials used must be entirely original, created
and performed by the entrant, or be in the public domain. We
may, but have no obligation to, remove video or photographs that
use any elements that are not original or in the public domain.
We do not and cannot review all
communications and materials posted to the Website, and we are
not responsible for the content of such communications and
materials. You acknowledge that, by providing you with the
ability to view and distribute user-generated content on the
Website, we are acting only as a passive conduit for such
distribution, and we are not undertaking any obligation or
liability relating to any such content. All such content is
offered AS IS, and you view and use it at your own risk.
However, we reserve the right to block or remove communications
or materials that we determine to be: (a) abusive, defamatory
or obscene; (b) fraudulent, deceptive or misleading; (c) in
violation of a copyright, trademark or other intellectual
property or other right of any person; (d) in violation of these
Terms of Use; or (e) offensive or otherwise unacceptable to us
in our sole discretion. If you become aware of misuse of the
Website by any person, please contact us at
adocherty@myfreevacation.com.
Use of Information Submitted
You agree that we are free to use any comments, information
or ideas contained in any communication you may send to us,
without notice, compensation or acknowledgement to you, for any
purpose whatsoever, including but not limited to developing,
manufacturing and marketing products and services and creating,
modifying or improving the Website or other products or
services.
Termination
We reserve the right in our sole discretion to terminate or
restrict your use of the Website, without notice, for any or no
reason, and without liability to you or any third party.
Copyright
The entire content of the Website, including but not limited
to text, graphics and code, is the property of Integrated
Marketing Solutions, Inc. Copyright 2008, Integrated Marketing
Solutions, Inc. ALL RIGHTS RESERVED. We grant you permission to
electronically copy and print hard copy portions of the Website
solely for your own personal, non-commercial use, provided that
you do not change or delete any proprietary notices from
downloaded or printed materials. Any other use, including but
not limited to the reproduction, distribution, display or
transmission of the Website content is strictly prohibited,
unless authorized by us in writing.
Trademarks
All trademarks, service marks and trade names of Integrated
Marketing Solutions, Inc. used on the Website are trademarks or
registered trademarks of Integrated Marketing Solutions, Inc. in
the U.S. and/or other countries. They may not be used without
our prior express written permission. All other trademarks that
appear on the Website are the property of their respective
owners, who may or may not be affiliated with, connected to or
endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE
PRESENT THE WEBSITE “AS IS” AND WITHOUT ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We
assume no liability or responsibility for any errors or
omissions on the Website; any failures, delays or interruptions
in the Website’s accessibility; any losses or damages arising
from the use of the Website; or any conduct by other users of
the Website. We reserve the right to deliver the Website in our
sole and absolute discretion. Some jurisdictions do not allow
the disclaimer of implied warranties, so the foregoing may not
apply to you. IN NO EVENT SHALL Integrated Marketing Solutions,
Inc., ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY)
TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR
THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do not
allow the exclusion of certain damages, so the above may not
apply to you. If any authority holds any portion of this
section to be unenforceable, then liability will be limited to
the fullest possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold Integrated Marketing
Solutions, Inc., its shareholders, officers, directors,
employees and agents harmless from and against any third-party
claim or cause of action, including reasonable attorneys’ fees
and court costs, arising, directly or indirectly, in whole or in
part, out of your use of the Website or your violation of these
Terms of Use, any law or the rights of any third party.
Electronic Notices
By using the Website, you agree to receive electronic
communications from us. You agree that any notice, agreement,
disclosure or other communication that we send you
electronically will satisfy any legal communication
requirements, including that such communications be in writing.
Third-Party Links
The Website may link to sites operated by third parties.
However, we have no control over these linked sites, all of
which have their own terms of use and data collection
practices. These linked sites are only for your convenience,
and you access them at your own risk.
Disputes
Your use of the Website shall be governed by the laws of
Minnesota, without regard to choice of law provisions. Except
where prohibited, you agree that any and all disputes, claims
and causes of action directly or indirectly arising out of or
relating to the Website shall be resolved individually, without
resort to any form of class action, and exclusively in the state
or federal courts located in Nicollet County, Minnesota. Any
cause of action or claim you may have with respect to the
Website must be commenced within one (1) year after the claim or
cause of action arises, or it shall be forever barred.
General
If any provision of these Terms of Use is held to be invalid
or unenforceable, such provision shall be struck, and the
remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe or
describe the extent or scope of such provision. Our failure to
enforce any provision of these Terms of Use shall not constitute
a waiver of that or any other provision. These Terms of Use set
forth the entire understanding and agreement between you and
Integrated Marketing Solutions, Inc. with respect to the subject
matter hereof.
Contact Us
If you have any questions about these Terms of Use, please
contact us at:
adocherty@myfreevacation.com.
Integrated Marketing Solutions, Inc.
1328 Capouse Ave
Scranton, PA 18509
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