Agreement Between You and The Laboratory Institute of Merchandising (“LIM”)
Changes to & Termination of Services
Subscriber shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the LIM Web Site(s)/Service(s) and all charges related thereto. To use the services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
Privacy and Protection of Personal Information
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
Accounts, Passwords and Security
Certain areas of the LIM Web Site require you to open an account with LIM or to use your LIM ID and password.
Should you be required to open an account with LIM, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name.
When you use any account for access to The LIM Web Site(s)/Service(s), you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify LIM immediately of any unauthorized use of your account or any other breach of security. LIM will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by LIM or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You must exit from your account at the end of each session.
LIM reserves the right to change the terms, conditions, and notices under which the LIM Web Site is offered or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the LIM Web Site(s). You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular Web sites. Your continued use of the LIM Web Site constitutes your agreement to all such terms, conditions, and notices.
Personal and Non-Commercial Use Limitation
The LIM Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the LIM Web Site. Without the advance express written permission of LIM, you may not 'meta-search' the LIM Web Site(s)/Service(s), send, or cause to be sent, any automated queries of any sort to the LIM Web Site(s)/Service(s)s, or use the LIM Web Site(s)/Service(s)s in any commercial manner. You agree not to sell, resell or offer for any commercial purposes, any portion of the site(s)/service(s), use of the site(s)/service(s) or access to the site(s)/service(s).
Links to Third Party Sites
No Unlawful or Prohibited Use
As a condition of your use of the LIM Web Site(s)/Service(s), you will not use the LIM Web Site(s)/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LIM Web Site(s)/Service(s) in any manner that could damage, disable, overburden, or impair any LIM Web Site(s)/Service(s) (or the network(s) connected to any LIM Web Site(s)/Service(s)) or interfere with any other party's use and enjoyment of any LIM Web Site(s)/Service(s). You may not attempt to gain unauthorized access to any LIM Web Site(s)/Service(s), other accounts, computer systems or networks connected to any LIM Web Site(s)/Service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LIM Web Site(s)/Service(s).
Use of Services
The LIM Web Site(s)/Service(s)(s) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo displays and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
- Use any material or information, including images or photographs, which is made available through the LIM Web Site(s)/Service(s)(s) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Use of meta tag searches on the Web sites;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Download any file posted by another user of a Communication Service that know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others; or oUse, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an LIM Web Site(s)/Service(s)(s) or other user or usage information or any portion thereof.
LIM has no obligation to monitor the Communication Services. However, LIM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LIM reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
LIM reserves the right at all times to disclose any information as LIM deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of LIM.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. LIM does not control or endorse the content, messages or information found in any Communication Service and, therefore, LIM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Community leaders and hosts are not authorized LIM spokespersons, and their views do not necessarily reflect those of LIM.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Materials Provided to LIM or Posted Within The LIM Web Site
LIM does not claim ownership of the materials you provide to LIM (including feedback and suggestions) or post, upload, input or submit to any LIM Web Site(s)/Service(s) or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting LIM permission to use your Submission in connection with the operation of the LIM Web Site(s)/Service(s) and LIM Alumni Publications, including, but not limited to, LIM Today. This permission includes, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LIM is under no obligation to post or use any Submission you may provide and LIM may remove any Submission at any time in its sole discretion.
Each user, by using the LIM Web Site(s)/Service(s), may be exposed to content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
General Practices Regarding Use And Storage
LIM may establish general practices and limits concerning use of the site(s)/service(s). While LIM will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, LIM has no any responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by any site(s)/service(s). LIM reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. LIM reserves the right to change these general practices any time in its sole discretion.
LIM reserves the right, in its sole discretion, to terminate your access to any or all LIM Web Site(s)/Service(s) and the related services or any portion thereof at any time, without notice.
LIM shall have not obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
Copyrights and Copyright Agent
LIM respects the rights of all copyright holders and in this regard, LIM has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LIM's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
LIM Information Technology
12 East 53rd St.
New York, NY 10022
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LIM WEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE LIM WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. LIM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LIM WEB SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE LIM WEB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LIM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LIM WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LIM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT LIM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A LIM WEB SITE(S)/SERVICE(S).
YOU SPECIFICALLY AGREE THAT LIM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LIM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN LIM WEB SITE(S)/SERVICE(S) BY ANY THIRD PARTY.
IN NO EVENT SHALL LIM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LIM WEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE LIM WEB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LIM WEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF LIM WEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This agreement is governed by the laws of the State of New York. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the use of the LIM Web Site(s)/Service(s).
You agree to indemnify and hold LIM, its subsidiaries and directors, officers, employees, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the LIM Web Site(s)/Service(s).
LIM reserves the right to disclose any personal information about you or your use of the LIM Web Site(s)/Service(s), including its contents, without your prior permission if LIM has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of LIM; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. LIM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LIM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LIM Web Site(s)/Service(s) or information provided to or gathered by LIM with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LIM with respect to the LIM Web Site(s)/Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LIM with respect to the LIM Web Site(s)/Service(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the LIM Web Site(s)/Service(s) are:
Copyright © 2009
Laboratory Institute of Merchandising
12 East 53rd St.
New York, NY 10022
All rights reserved.
Copyright © 2009 Laboratory Institute of Merchandising