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Website Terms and Conditions of Use

This website, including all of its contents and features, hereinafter referred to as “this site”, is provided and operated by Instant Vital Records (a DBA of Interactive Media Technologies, Inc), hereinafter referred to as the “Provider”. The use of any products, services, or software as contained in this site shall be governed by a service agreement between you, hereinafter referred to as the “User”, and the Provider. 

Furthermore, the use of this site in any manner shall be governed by the following terms and conditions:

I. LICENSE

As the User, you are granted a limited, non-exclusive, non-transferable, and revocable license to access this site. The Provider reserves all right to terminate this license for whatever reason it deems fit.

II. CONTENTS

Contents, as used herein, shall refer to any and all text, images, videos, audios, and any kind of data supplied in digital form.

All contents on this site do not constitute legal advice. There is no client-attorney relationship between the Provider and the User. The Provider also does not guarantee the completeness, accuracy, and adequacy of all contents. Using this site’s contents as well as any content linked from this site shall be at the User’s own risk.

III. LIMITATIONS

The usage of this site and all its contents, features, and services, shall be subject to the following limitations:

  1. This site and all its contents shall be for the User’s personal use only and shall not be utilized for commercial purposes unless otherwise stated. 
  2. Creating derivative works out of this site including disassembling, sublicensing, leasing, lending, selling, decompiling, or in any manner that will extract information from this site including its structure, usage, user data, or content is strictly prohibited without written permission from the Provider.
  3. The Provider reserves all copyright and other proprietary notices to the materials delivered on or through this site.
  4. The User may not export or re-export this site or any portion or content thereof in contravention with the export control laws and regulations of the United States of America.
  5. Posting, modifying, transmitting, selling, or distributing the contents of this site in any manner is allowed only if with prior written permission from the Provider.
  6. Using this site to disseminate fraudulent, illegal, or misleading information is strictly prohibited.
  7. This site and all information provided on or through it shall be used only for purposes authorized herein.

IV. REGISTRATION

Certain sections of this site will require the User to input certain information for the purpose of registration. It is the User’s responsibility to ascertain that all information provided is true and correct. The User shall also be responsible for informing the Provider of any changes to the information provided.

Each registration shall be valid for one individual only unless otherwise stated. The Provider shall not allow anyone to use a registered account other than their own. Access to a single account by multiple users in a network is also strictly prohibited. The User shall also be responsible for keeping their login information confidential. The Provider shall have no liability in case of a breach of data caused by the User’s actions.

V. INTELLECTUAL PROPERTY

  1. This site and all its contents, structure, or any portion thereof are protected by copyrights, trademarks, patents, service marks, and other proprietary rights and laws as may be applicable.
  2. No stipulation herein shall be construed as conferring on the User or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights, unless otherwise provided.
  3. The trademarks, logos, and service marks, collectively known as “marks” as appearing on this website, whether they are registered or unregistered, are the property of the Provider and concerned parties. Using this site does not confer to any party the right or license to use these marks. The User may not use the marks appearing on this website for any purpose other than expressly provided herein.
  4. This site may carry interactive features including but not limited to question and answer facilities, public forums, chat rooms, blogs, bulletin boards, discussion boards, and wikis. By using this site’s interactive features, the User confers to the Provider a perpetual, worldwide, royalty-free, non-revocable and non-exclusive license to the ideas, text, images, links, blogs, data, information, or any form of content or media, collectively known as “posts” submitted to this site. This license shall be without restrictions of any kind nor does it require any payment or notification from the provider to the user or any third party and may include but not limited to the right to sell, use, reproduce, modify, translate, adapt, create derivative works from, combine with other works, distribute, sublicense, perform or display any posts in any form, medium, or technology now known or hereafter developed.
  5. By posting to this site, the User certifies that the content submitted:
    1. Are the User’s original works and that the User is expressly granting the Provider a perpetual worldwide non-exclusive, non-revocable, royalty-free license for said works.
    2. Does not and will not prejudice any third-party rights including but not limited to intellectual property, copyright, patent, privacy, publicity, or any other proprietary rights.
  6. By posting to this site, the User also acknowledges and agrees that:
    1. Submitting posts to this site does not create or alter any existing relationship between the User and the Provider.
    2. The Provider may have ideas or obtain submissions that are similar or identical to the posts the User submitted. In which case, the Provider shall have no liability to the User for any infringement or misappropriation, whether alleged or actual, of any proprietary rights to the said posts.
  7. The option to purchase and acquire any and all rights, title or interest in any posts from the User containing patentable content shall belong exclusively to the Provider. Should this option be exercised, the Provider has the sole discretion to the amount, whether in cash or in-kind, as full and sufficient consideration for such purchase and the User agrees to acknowledge, execute, and deliver all instruments necessary for the transfer of ownership from the User to the Provider. Said instruments may include but are not limited to any and all assignments, declarations and affidavits executed by the User.
  8. In compliance with the Digital Millennium Copyright Act, the Provider has registered with the United States Copyright Office and is therefore covered by legal protections afforded by the act. Hence, the Provider reserves the right to remove any contents that may infringe on other people’s copyrights and to terminate subscribers and account holders who are repeatedly posting such contents. Please address directly to the Provider all notifications on alleged copyright infringements.

VI. THIRD-PARTY COMMUNICATIONS AND CONTENT

As used herein, “third-party communications” shall refer to correspondence in any form or manner directed to the User from any third-party as a direct or indirect result of using this site.

The Provider shall have no liability whatsoever for any third-party communications the User may receive and for any actions the User makes or refuses to make as a result of third-party communications. Furthermore, the Provider is not responsible for verifying the identity and trustworthiness of the source or content of any third-party communications, nor does it make guarantees on such matters. The User has the sole responsibility in assessing and verifying the identity and trustworthiness of the source and content of all third-party communications.

In addition, the Provider:

  1. Does not represent, in any form, any third-party websites that may be accessed through this site. Such websites are independent of the Provider and the Provider has no control over such websites or its contents.
  2. Shall not be responsible nor liable for any infringement, misdeclaration, omission, fraudulent information, misstatements of law, defamation, slander, libel, profanity, obscenity, and pornography in the statements, opinions or any type of third-party content appearing on this site. Moreover, a link to any third-party website appearing in this site does not constitute an endorsement by the Provider nor does the Provider assume responsibility over the use and content of such website.

When accepting or using third party communications or content, the User understands that the information and representations therein are not endorsed nor does it necessarily reflect the beliefs and opinions of the Provider and its affiliates. This includes but is not limited to the information and opinions expressed in this site’s interactive section by the officers, directors, employees, licensors, suppliers, and agents of the Provider.

VII. USE OF INTERACTIVE FEATURES

  1. Posting, uploading, distributing, or publishing any content that is abusive and illegal in the interactive sections of this site is strictly prohibited. This includes but not limited to contents that are defamatory, discriminatory, obscene, pornographic, libelous, threatening, invasive of privacy, constitutes hate speech, encourages a criminal offense, gives rise to liability, violates the rights of any party or any local, state, federal or international law or any policies and regulations of the US Securities and Exchange Commission or any security exchange organization both local and international, either intentionally or unintentionally. The Provider has the full right to delete or remove any posts violating this section without prior notification to or permission from the User.
  2. All posts shall always be made under the User’s real name except when the interactive feature allows the user to use a screen name. In which case, the User can choose a name other than their legal name. Provided, however, that the User provides their real name when registering to participate in this site’s interactive section. Users who participate in the interactive section shall not misrepresent their identity or their affiliation with other entities.
  3. Using this site’s interactive features to make solicitations for funds, goods, and services, or inviting others to become members of any enterprise or organization is strictly prohibited, unless with written permission from the Provider. Notwithstanding the foregoing, certain interactive sections may allow users to list their name, address, and email address together with their website’s URL. Users may also recommend third-party websites provided that they have no vested financial interest and do not financially benefit whether directly or indirectly from such recommendation. The solicitation of data collected from this site is also strictly forbidden.
  4. Users are strictly prohibited from posting, uploading, or publishing any health information protected by the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
  5. The Provider is not responsible and under no obligation to monitor posts and screen the contents thereof including but not limited to text, media, and links to or from the submitted posts. However, the Provider reserves the right to monitor interactive areas, screen, edit, and remove posts at any time for whatever reason.
  6. This site’s interactive features are provided solely for the User’s personal use. Utilizing it for any purpose other than authorized herein is strictly prohibited.
  7. Any and all liabilities arising from any claims, suits, or grievances filed against the User as a result of participation in this site’s interactive section shall be the User’s sole responsibility.

VIII. LAWYER ETHICS

Any lawyer who participates in this site’s interactive section warrants that they are an attorney of good standing and authorized to practice law in at least one of the 50 States of America or the District of Columbia. Furthermore, they should:

  1. Not provide any specific legal advice in any of their posts. They may, however, provide legal information.
  2. Only post contents that are educational, appropriate and do not violate any attorney ethics requirements;
  3. Promptly inform the Provider of any claim, censure, grievance or reprimand against them including but not limited to resignation, criminal charges, or loss of license;
  4. Acknowledge that the Rules of Professional Conduct of the jurisdiction where they are licensed shall apply to all aspects of their participation in this site and ensure their adherence to such. These rules include but are not limited to advertising, the establishment of attorney-client relationships, client solicitation, unauthorized law practice, factual misrepresentations, or maintaining client confidence. The Provider shall not be liable for any claims arising from the compliance or non-compliance with the aforementioned rules on the part of the lawyer or the Provider’s failure to provide a disclaimer in this site’s interactive section.

IX. ADVERTISERS AND SPONSORS

Advertisers and sponsors of this site shall be responsible for ensuring that any advertisement or marketing material submitted for publication to this site is in accordance with applicable laws. The Provider disclaims any and all liability arising from the errors, inaccuracy, fraud or illegality of the materials provided by or any acts of omission by the advertiser or sponsor.

X. LINKING TO THIS SITE

Linking to this site is allowed, provided that the User:

  1. Does not obscure or remove, through framing or otherwise, any portion of this site. This includes but not limited to the terms of use, advertisements, and copyright notices.
  2. Promptly deactivates the links upon the Provider’s request.
  3. Allows the Provider to deactivate links at any time at its sole discretion.

XI. ERRORS AND CORRECTIONS

The Provider makes no representation or guarantees that the contents and posts in this site will all be true and free of errors, viruses or other harmful components, timely or reliable, nor that it will always be accessible and that any defects will be corrected. However, improvements or modifications to this site’s structure, features, functionality, or content may be made by the Provider from time to time.

XII. LIMITED LIABILITY

The Provider shall not, in any manner, be held liable for any direct or indirect, punitive, special, incidental or consequential damages, penalty, injury, loss, or liability of any kind arising from:

  1. The unauthorized use of this site and all its contents;
  2. Third-party communications
  3. The User’s participation in the interactive sections including but not limited to posting facts and opinions, images, videos, or any form of media;
  4. The User’s inability to use the website or any of its contents and features including the interactive sections;

To the extent the foregoing limitation of liability is prohibited or fails its essential purpose, the provider shall have the sole prerogative to determine the amount of liability for damages if any.

XIII. ASSUMPTION OF LIABILITY

The User shall assume all liabilities including but not limited to damages and penalties arising from all claims, suits, and grievances filed against them in relation to their participation in this site’s interactive sections.

XIV. INDEMNIFICATIONS

The User shall indemnify the Provider, its employees, directors, licensors, agents, and affiliates from any liabilities and claims including but not limited to legal fees, expenses, and damages arising from the User’s violation of any of the terms and conditions stated herein.

XV. DISCLAIMER

This site, its interactive features, contents, and posts are provided on an “as is, as available basis.” In view of the foregoing, the Provider does not warrant the merchantability, fitness for a particular purpose, and non-infringement of this site and all its contents and features. 

The Provider also disclaims any and all liabilities from any claims, loss, injury, or damages directly or indirectly arising out of:

  1. Any errors and or omissions from this site, its contents, interactive sections and posts including but not limited to technical inaccuracies and typographical errors;
  2. Third-party communications;
  3. The contents of any third-party websites directly or indirectly accessed through links on this site including but not limited to the errors and omissions therefrom;
  4. The unavailability and inaccessibility of this site, its contents, interactive sections, and posts;
  5. The use of any equipment or software in relation to the use of this site, its contents, interactive sections, and posts;
  6. Any virus infection on your device or other property as a result of browsing or using this site and downloading any digital materials therefrom including but not limited to text, images, videos, and audios.

XVI. THIRD-PARTY RIGHTS

The Provisions on Limited Liability (Section XII), Indemnification (Section XIV), and Disclaimer (Section XV) are for the benefit of the Provider and its officers, directors, managers, employees, agents, licensors, affiliates, and any third-party information providers of this site. Each of these entities and individuals shall have the right to assert and enforce said provisions on its behalf against the User or any concerned party to the full extent allowed by law.

XVII. GOVERNING LAW AND REGULATIONS

This site’s terms and conditions of use are governed by and created in accordance with the laws of the state of Florida and the federal laws of the United States of America. Any and all actions arising from or relating to these terms shall be filed only in state and federal courts located in Florida. Furthermore, the User or any third party shall consent and submit to the jurisdiction of such courts for the purpose of litigating any such actions.

XVIII. PRIVACY

The use of this site shall be governed by the Provider’s Privacy Policy.

XIX. UNLAWFUL ACTIVITY

The Provider reserves the right to investigate any complaints, suspicious activities, or reports of violations to these terms and conditions and to take any appropriate actions including but not limited to reporting such activities to the appropriate law enforcement agencies, regulators and third parties. Anent thereto, the Provider shall have the right to disclose any appropriate and necessary information including but not limited to user profiles, IP addresses, e-mail addresses, usage history, traffic information, and any posted content to the aforementioned law enforcement agencies, regulators and third parties.

XX. REMEDIES FOR VIOLATIONS

The Provider reserves the right to use all available remedies to the extent granted by law for any and all violations of these terms and conditions including but not limited to barring the access of a particular individual or IP address to this site or any Provider sites and any of its contents and features.

XXI. MODIFICATIONS TO TERMS OF USE

The Provider reserves the right to modify these terms and conditions at any given time for whatever reason without notifying the User. Any modifications as appearing on this site are effective immediately. Continued use of this site even after the modifications shall be construed as the User’s agreement to such changes.

XXII. SEVERABILITY OF PROVISIONS

These terms and conditions include by reference all notices appearing on this site, the Privacy Policy and the Provider’s terms of service, and represents the entire agreement with respect to the use of this site and any of its contents, posts, and the interactive sections. If any provision herein is deemed unlawful, void, unenforceable, or contrary to the Provider’s terms of service, said provision shall be deemed severable from all the other provisions and shall not affect their validity or enforceability. 

Notwithstanding the foregoing, if the User has signed a separate agreement with the Provider with regards to the use of a specific content/s, that agreement shall constitute the entire agreement between the User and the Provider for such purpose. With respect to such agreements, these terms and conditions shall have no force or effect.

BY USING THIS WEBSITE, YOU HEREBY AGREE TO THE AFOREMENTIONED TERMS AND CONDITIONS.