The following terms and conditions govern all use of the ImageBuildingMedia.com website and all content, services and products available at or through the website and through Image Building Media, LLC (Image Building Media), including Image Building Media Brands that include SMclicks, displayClicks, and xpertRealtyMarketing.
The website, and all services by Image Building Media and its Brands, are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site.
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. The website is available only to individuals who are at least 13 years old.
To redeem the online promotion, enter the Promo Code at checkout or when placing an order. A business or individual may use an Image Building Media Promo Code only once per Brand. Sales tax, shipping & handling do not qualify for discount. Promo Codes are not redeemable for cash or gift cards, nor are they valid toward previous purchases. Promo Codes may not be combined with any other promotions, discounts or offers. Void if altered, copied, transferred, auctioned or sold. Promo Codes are not valid for prior purchases. Other restrictions may apply. No Cash Value.
Your Image Building Media Account and Site
You are responsible for maintaining the security of your account and your website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Image Building Media of any unauthorized uses of your site, your account or any other breaches of security. Image Building Media will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Spam is forbidden. We have zero tolerance for the sending of unsolicited e-mail, bulk emailing, and spam (“safe lists” and purchased lists will be treated as spam).
Content must be lawful in accordance with local, state, and federal laws. Image Building Media reserves the right not to host any site we feel is offensive, such as pornography.
Responsibility of Contributors
If you operate a website, comment on a site, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, computer software, or anything else. By making content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Image Building Media or otherwise.
By submitting content to Image Building Media for inclusion on your website, you grant Image Building Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your website. If you delete content, Image Building Media will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Image Building Media has the right (though not the obligation) to, in Image Building Media’s sole discretion (i) refuse or remove any content that, in Image Building Media’s reasonable opinion, violates any Image Building Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Image Building Media’s sole discretion. Image Building Media will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
You agree to pay Image Building Media agreed upon fees. Design and content fees are usually invoiced monthly. Hosting fees are usually invoiced quarterly.
Responsibility of Website Visitors
Image Building Media has not reviewed, and cannot review, all of the material, including computer software, posted to the website, or a website hosted by Image Building Media, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Image Building Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Image Building Media disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ImageBuildingMedia.com links, and that link to ImageBuildingMedia.com. Image Building Media does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Image Building Media does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Image Building Media disclaims any responsibility for any harm resulting from your use of websites and webpages.
You are not permitted to use your hosting account with Image Building Media as a backup/storage device, and agree to abide by file limitations, including file types and number of files, in your hosting agreement. (For example, you are not permitted to keep a backup of your office computer on the website.)
Customers are solely responsible for backing up their websites. Contact Image Building Media for information about the available backup services.
You agree that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage. Customers may not run IRC, bots or clients. Clients may not use servers for file storage unrelated to the client’s web site, storage space is for active web site file pages only.
You account may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at Image Building Media. Unacceptable uses also include: bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyright infringement of any kind (MP3, music, video, etc.), illegal content, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. Image Building Media will be the sole and final arbiter as to what constitutes a violation of this policy. Image Building Media and its hosting partners do not normally monitor the contents of clients servers, however if suspicion occurs, ImageBuildingMedia.com and its hosting partners reserve the right to investigate and terminate the clients subscription to the service.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. Image Building Media, through its hosting partners, offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Image Building Media·and its hosting partners control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 512 MB Memory and/or 20 concurrent connections also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Image Building Media and its hosting partners will make every reasonable effort to notify customer prior to suspension, however, we may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. Image Building Media will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
Image Building Media allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Image Building Media·and its hosting partners reserve the right to terminate that client’s account.
As Image Building Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ImageBuildingMedia.com violates your copyright, you are encouraged to notify Image Building Media. Image Building Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Image Building Media or others, Image Building Media may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, Image Building Media will have no obligation to provide a refund of any amounts previously paid to Image Building Media.
This Agreement does not transfer from Image Building Media to you any Image Building Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Image Building Media. Image Building Media, ImageBuildingMedia.com, and all other trademarks, service marks, graphics and logos used in connection with ImageBuildingMedia.com, or the website are trademarks or registered trademarks of Image Building Media or Image Building Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Image Building Media or third-party trademarks.
Image Building Media reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. Image Building Media may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Image Building Media may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your ImageBuildingMedia.com account (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you pay for services, such an account can only be terminated by Image Building Media if you materially breach this agreement and fail to cure such breach within thirty (30) days from Image Building Media’s notice to you thereof; provided that, Image Building Media can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Image Building Media, websites it creates and maintains, and it’s hosting services are provided “as is”. Image Building Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Image Building Media nor its suppliers and licensors, makes any warranty that the website, or its services, will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk. And additionally, all hosting services, including backup services, are used at your own discretion and risk.
Limitation of Liability
In no event will Image Building Media, LLC or Image Building Media, it’s owners or employees, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Image Building Media under this agreement during the twelve (12) month period prior to the cause of action. Image Building Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Image Building Media, LLC and Image Building Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Use our service at your sole risk.
This agreement constitutes the entire agreement between Image Building Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Image Building Media, or by the posting by Image Building Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tampa, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Tampa, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Image Building Media may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.