The Agreement was last updated March 29, 2021.
All use of the Integrated Marketing Systems Online Web pages and Daily Project Email and any information and content included therein (the “Integrated Marketing Systems Site”) is subject to the terms and conditions set forth below. By using the Integrated Marketing Systems Site, you represent that you are 18 years old or older and agree to abide by the following terms and conditions.
Integrated Marketing Systems reserves the right to change the terms of this Agreement. Changes will be posted on the Integrated Marketing Systems Site at https://www.imsinfo.com/terms-of-use. Use of the Integrated Marketing Systems Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
Use of the Integrated Marketing Systems Site
Integrated Marketing Systems hereby grants you a non-exclusive, non-transferable license to access and use the Integrated Marketing Systems Site for the fees and under the terms described in this Agreement. Only one person at a time may access the Integrated Marketing Systems Site using the User’s screen name and password without the prior consent of Integrated Marketing Systems.
The User may not disseminate any portion of the Integrated Marketing Systems Site or content through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Integrated Marketing Systems.
Except as expressly permitted in this Agreement, the Integrated Marketing Systems Site or content may not be reproduced, transmitted, or distributed without Integrated Marketing System’s prior written permission. The User may not commingle any portion of the Integrated Marketing Systems Site or content with any other information and shall not edit, modify, or alter any portion of the Integrated Marketing Systems Site. All of the Integrated Marketing Systems Site’s own Content is either the property of Integrated Marketing Systems, Inc. and its affiliates (collectively, “Integrated Marketing Systems”) or is licensed to Integrated Marketing Systems. Integrated Marketing Systems and its licensors retain all proprietary rights to the Integrated Marketing Systems Site’s own Content. The User shall honor all reasonable requests by Integrated Marketing Systems or its affiliates to protect Integrated Marketing Systems’ and its licensors’ proprietary interests in the Integrated Marketing Systems Site.
In addition, User may not:
1. use the Integrated Marketing Systems Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Integrated Marketing Systems Site, any data or content found on or accessed through the Integrated Marketing Systems Site, or any other of the Integrated Marketing Systems Site information without prior express written consent of Integrated Marketing Systems;
3. obtain or attempt to obtain through any means any materials or information on the Integrated Marketing Systems Site that has not been intentionally made publicly available either by public display on the Integrated Marketing Systems Site or through accessibility by a visible link on the Integrated Marketing Systems Site;
4. violate any measure employed to limit or prevent access to the Integrated Marketing Systems Site or its content;
5. violate the security of the Integrated Marketing Systems Site or attempt to gain unauthorized access to the Integrated Marketing Systems Site, data, materials, information, computer systems or networks connected to any server associated with the Integrated Marketing Systems Site, through hacking, password mining or any other means;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. interfere with, attempt to interfere with or otherwise disrupt the proper working of the Integrated Marketing Systems Site, any activities conducted on or through the Integrated Marketing Systems Site or any servers or networks connected to the Integrated Marketing Systems Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Integrated Marketing Systems Site;
8. take or attempt any action that, in the sole discretion of the Integrated Marketing Systems Site, imposes or may impose an unreasonable or disproportionately large load or burden on the Integrated Marketing Systems Site or the infrastructure of the Integrated Marketing Systems Site.
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies or regulations of networks connected to the Integrated Marketing Systems Site;
11. use the Integrated Marketing Systems Site to stalk or harass another.
The User’s Content
The User grants to Integrated Marketing Systems the non-exclusive right to use all material entered into the Integrated Marketing Systems Site by the User (other than third-party material transmitted through private electronic mail) in any of Integrated Marketing Systems print or electronic publications.
Users entering material into the Integrated Marketing Systems Site are responsible for the content of that material. Integrated Marketing Systems has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Integrated Marketing Systems Site. However, Integrated Marketing Systems retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which Integrated Marketing Systems deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through the Integrated Marketing Systems Site that:
1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of Integrated Marketing Systems, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. contains software 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;
6. is harmful to minors.
If you see any violations of these terms and conditions on the Integrated Marketing Systems Site, please email us at ims@imsinfo.com.
The User agrees to indemnify Integrated Marketing Systems from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which Integrated Marketing Systems and its employees and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Integrated Marketing Systems Site with the use of the User’s screen name or password. Integrated Marketing Systems reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Integrated Marketing Systems in which event the User shall have no further obligation to indemnify with respect to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILITY INTEGRATED MARKETING SYSTEMS MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE INTEGRATED MARKETING SYSTEMS SITE, THE INTEGRATED MARKETING SYSTEMS SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE INTEGRATED MARKETING SYSTEMS SITE. INTEGRATED MARKETING SYSTEMS SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL INTEGRATED MARKETING SYSTEMS OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE INTEGRATED MARKETING SYSTEMS SITE. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST INTEGRATED MARKETING SYSTEMS OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE INTEGRATED MARKETING SYSTEMS SITE SHALL NOT EXCEED $100.
Term and Termination
This Agreement will continue until terminated by either Integrated Marketing Systems or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate. Integrated Marketing Systems may discontinue or change the Integrated Marketing Systems Site, or its availability to you, at any time.
General
This Agreement, together with the Master Agreement (if applicable), constitutes the entire agreement between the parties relating to the Integrated Marketing Systems Site and supersedes any and all other agreements, oral or in writing, with respect to the Integrated Marketing Systems Site. In the event of a conflict between the terms and conditions of this Agreement and those of the Master Agreement, the terms and conditions of the Master Agreement shall govern and control. The failure of Integrated Marketing Systems to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Terms and Conditions for Integrated Marketing Systems Subscribers