(A) Governing Terms. This website, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, (collectively “IMGcave.com” or “subsidiary Site”) is an interactive on-line service operated by IMGcave.com. ("IMGcave").
(B) Changes to Terms of Service. IMGcave.com may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of "IMGcave.com and its subsidiary websites" after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. IMGcave.com may change or discontinue any aspect, service or feature of "IMGcave.com and its subsidiary websites" at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of "IMGcave.com and its subsidiary websites" and all charges related to the same.
- Community Guidelines & User Content
(A) Interactive Areas. "IMGcave.com and its subsidiary websites" may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on "IMGcave.com and its subsidiary websites", and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and IMGcave.com.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with "IMGcave.com and its subsidiary websites", you agree to abide by the following rules of conduct:
- You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
- You agree not to upload, post or otherwise transmit any material that contains child porn or underage porn.
- You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to upload, post or otherwise transmit, without IMGcave.com's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
- You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
- You agree not to impersonate any person or entity, including, but not limited to, any IMGcave.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about "IMGcave.com and its subsidiary websites" users or posting private information about a third party;
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to interfere with or disrupt "IMGcave.com and its subsidiary websites" or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of "IMGcave.com and its subsidiary websites", use of "IMGcave.com and its subsidiary websites", or access to "IMGcave.com and its subsidiary websites";
- You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by IMGcave.com, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on "IMGcave.com and its subsidiary websites";
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by "IMGcave.com and its subsidiary websites";
- You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by IMGcave.com.
Any conduct that in IMGcave.com’s sole discretion restricts or inhibits anyone else from using or enjoying "IMGcave.com and its subsidiary websites" will not be permitted. IMGcave.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. IMGcave.com is not responsible for User Content submitted to "IMGcave.com and its subsidiary websites" or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of "IMGcave.com and its subsidiary websites".
(C) Monitoring. IMGcave.com shall have the right, but not the obligation, to monitor User Content posted or uploaded to "IMGcave.com and its subsidiary websites" to determine compliance with these Terms of Service and any operating rules established by IMGcave.com and to satisfy any law, regulation or authorized government request. Although IMGcave.com has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to "IMGcave.com and its subsidiary websites", IMGcave.com reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to "IMGcave.com and its subsidiary websites" at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to "IMGcave.com and its subsidiary websites", you automatically grant IMGcave.com and its parent company, Cable News Network, Inc., the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant IMGcave.com the right to pursue at law any person or entity that violates your or IMGcave.com's rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by IMGcave.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release IMGcave.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against IMGcave.com by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
- Copyright Ownership.
"IMGcave.com and its subsidiary websites" contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of "IMGcave.com and its subsidiary websites" are copyrighted as a collective work under the Indian copyright laws. IMGcave.com owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of IMGcave.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- Third Party Content.
IMGcave.com is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of "IMGcave.com and its subsidiary websites", are those of the respective author(s) or distributor(s) and not of IMGcave.com. Neither IMGcave.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through "IMGcave.com and its subsidiary websites" represents the opinions and judgments of the respective user or information provider not under contract with IMGcave.com. IMGcave.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on "IMGcave.com and its subsidiary websites" by any third party. Under no circumstances will IMGcave.com be liable for any loss or damage caused by your use or reliance on information obtained through "IMGcave.com and its subsidiary websites". IMGcave.com is not responsible for any actions or inaction on your part based on the information that is presented on "IMGcave.com and its subsidiary websites". It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through "IMGcave.com and its subsidiary websites". Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
- Advertisements and Promotions
* IMGcave.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than IMGcave.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. IMGcave.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
* Advertisement once set live on "IMGcave.com and its subsidiary websites" and its or any other website through IMGcave.com Media Inc. campaign, will not/can not be withdrawn. IMGcave.com may work with the multiple websites to serve the advertisement of the related party and will only act as the mediator, For which IMGcave.com Media Inc. cannot be held liable.
* You have to make full payment within 7 days after the advertisement/campaign is live on the website.
* Please contact us at https://IMGcave.com.com/contact for more information on advertisement campaign and related terms and conditions.
Advertising: Terms and Conditions
- IMGcave.com Media Inc. accepts publication of advertisements on the terms and conditions set out below ("Terms").
- These Terms apply to advertisements in the IMGcave.com, advertisements on www."IMGcave.com and its subsidiary websites", and the IMGcave.com Ad Network ("Websites") and inserts (together "Advertisements").
- By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
- Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites.
- IMGcave.com Media Inc. may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. IMGcave.com Media Inc. may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Websites. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by IMGcave.com Media Inc. does not mean that IMGcave.com Media Inc. accepts the Advertisement has been provided in accordance with these Terms or that IMGcave.com Media Inc. has waived its rights under these Terms.
- The Advertiser guarantees to IMGcave.com Media Inc. that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of IMGcave.com Media Inc. or the Websites or the ; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with IMGcave.com Media Inc. and the Advertiser will compensate IMGcave.com Media Inc. for any claim made by such advertiser against IMGcave.com Media Inc..
- All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. IMGcave.com Media Inc. may change its rates at any time. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
- All sums payable to IMGcave.com News & Media Ltd (IMGcave.com Media Inc.) should be made in accordance with IMGcave.com Media Inc. Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. IMGcave.com Media Inc.'s standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the IMGcave.com Media Inc. Accounts Receivable Team Leader.
- In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by doubleclick or in the case of rich media, the third party provider such as TangoZebra or Eyeblaster, will be final and binding.
- IMGcave.com Media Inc. agrees that all Advertisements will be targeted at individuals in the country unless otherwise stated at the time of booking.
- Where non-US targeting is required, IMGcave.com Media Inc. will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
- IMGcave.com Media Inc. cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, IMGcave.com Media Inc. shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
- In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
IMGcave.com Ad Network
- IMGcave.com Media Inc. does not guarantee that Advertisements booked to appear on the IMGcave.com Ad Network will appear on every site on the IMGcave.com Ad Network or that impressions will be spread evenly across the sites or that the Advertisement will appear on a particular site (unless IMGcave.com Media Inc. agrees in writing with the Publisher to publish the Advertisement on a particular site).
Data Collecting on "IMGcave.com and its subsidiary websites"
- Where an Advertiser wishes to drop cookies on users' computers or use pixels, web beacons or other data collecting technology (the "Data Collecting Technology") for the purpose of displaying or providing advertising on "IMGcave.com and its subsidiary websites" and tracking impressions and related data, it shall notify IMGcave.com Media Inc. in advance of booking an Advertisement and provide all information requested by IMGcave.com Media Inc. regarding such Data Collecting Technology.
- If IMGcave.com Media Inc. authorizes the Advertiser to use Data Collecting Technology, IMGcave.com Media Inc. will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to IMGcave.com Media Inc..
- Occasionally, IMGcave.com Media Inc. cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, IMGcave.com Media Inc. will distribute all 'overs' at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will IMGcave.com Media Inc. be liable for loss arising from failure to insert or any errors in the insertion of Inserts
Liability of IMGcave.com Media Inc.
- IMGcave.com Media Inc. accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to IMGcave.com Media Inc. or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to IMGcave.com Media Inc..
- IMGcave.com Media Inc. shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- Advertisements normally appear in all editions of a Newspaper but IMGcave.com Media Inc. reserves the right to omit certain Advertisements from the European editions.
- IMGcave.com Media Inc. will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
- IMGcave.com Media Inc. cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of IMGcave.com Media Inc.. However, IMGcave.com Media Inc. will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on IMGcave.com Media Inc.'s part, IMGcave.com Media Inc. will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
- If the Advertisement as reproduced by IMGcave.com Media Inc. contains a substantial error solely due to a mistake on IMGcave.com Media Inc.'s part, IMGcave.com Media Inc. shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. IMGcave.com Media Inc. shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform IMGcave.com Media Inc. of any errors and provide any necessary assistance to IMGcave.com Media Inc. to prevent a repeat of the error.
- IMGcave.com Media Inc. shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by IMGcave.com Media Inc. and the Advertiser, and IMGcave.com Media Inc.'s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
- In respect of Advertisements on the Websites, IMGcave.com Media Inc. does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for websites that make up the IMGcave.com Ad Network over which IMGcave.com Media Inc. has no control). In addition, IMGcave.com Media Inc. will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of IMGcave.com Media Inc..
- IMGcave.com Media Inc. is not responsible for the content or operation of sites that make up the IMGcave.com Ad Network.
- For the avoidance of doubt, nothing in these Terms will limit or exclude IMGcave.com Media Inc.'s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.