iMedia shall also have the right without notice and at any time to terminate some or all of the iMedia Networks Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the iMedia Networks Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the iMedia Networks Services and your purchase of products or services through them.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by iMedia on or through the iMedia Networks Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. iMedia may change, delete, or update any Content at any time and without prior notice. Unless specifically superseded in an ancillary agreement, the Content is provided for informational purposes only and is not binding on iMedia in any way except to the extent it is specifically indicated to be so.
Parties other than iMedia may operate, sell lines of goods and services through the iMedia Networks Services. In addition, the iMedia Networks Services provide links to the websites of affiliated companies and certain other businesses. iMedia is not responsible for examining or evaluating, and iMedia does not warrant the offerings of, any of these businesses or individuals or the content of their websites. iMedia does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.
5. User Comments and Submissions
You are strictly prohibited from sending to or posting through the iMedia Network Services, any Submission(s) that: (i) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to iMedia Network Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.
6. Notice and Procedures for Making Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the iMedia copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on IMedia Networks Services website, including the item number, if applicable;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
iMedia's copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: firstname.lastname@example.org or send a formal letter to:
Attn: Copyright Agent
iMedia Brands Legal Department
6740 Shady Oak Road
Eden Prairie, MN 55344
7. Third Party Sites and Content
Links to other Internet sites operated by third parties, including iMedia vendors, do not constitute sponsorship, endorsement, or approval by iMedia of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by iMedia, and iMedia is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
To the extent any Content is provided by third parties, iMedia includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
8. Merchandise Orders, Risk of Loss and Returns
iMedia Networks Services accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. iMedia Networks Services likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. iMedia Networks Services will add shipping and handling fees and applicable sales/use tax. iMedia Networks Services reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, "Merchandise") offered through the iMedia Networks Services. Merchandise displayed through the iMedia Networks Services is available while supplies last. Descriptions of, or references to, Merchandise through the iMedia Networks Services do not imply endorsement of that Merchandise, or constitute a warranty, by iMedia Networks Services. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, iMedia never takes title to the refunded Merchandise. Learn more about returning Merchandise on iMedia Networks Services websites.
9. Your Account
You are responsible for maintaining the confidentiality of your iMedia account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
10. Disclaimer and limitation as to use of iMedia Networks Services.
iMedia Networks Services are operated on an "as is," "as available" basis. To the full extent permitted by law, iMedia and its affiliates disclaim any and all representations and warranties with respect to the iMedia Networks Services, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, iMedia and its affiliates do not represent or warrant that the iMedia Networks Services will operate without interruption or error. Under no circumstances shall iMedia or its affiliates, or any of their employees, directors, officers, agents, vendors or suppliers, be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the iMedia Networks Services, including, but not limited to, general, special, consequential, incidental, exemplary or any other type of damages. Your use of the iMedia Networks Services is at your sole risk. Applicable law, including the law in new jersey, may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
11. Arbitration Agreement
b. Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to iMedia shall be sent to the following address: iMedia Brands, Inc., Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. All notices sent by iMedia to you will be sent to the email and/or mailing address provided in your iMedia Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or iMedia may commence an arbitration proceeding. Both you and iMedia agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
c. Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from iMedia; or (b) sign up for any program or service provided by iMedia. You may also opt out of this Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement.
d. Arbitration Procedures. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and ShopHQ agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and ShopHQ will: (1) pay all costs of the arbitration; and (2) not seek attorney's fees in the event ShopHQ prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
e. Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to Claims that are covered by the Arbitration Agreement, the law of the State of Minnesota, will govern. iMedia will provide notice of any material changes to this Arbitration Agreement. Except as set forth above regarding the Class Action Waiver provision, if a court decides that any portion of this Arbitration Agreement is invalid or unenforceable, such determination will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.