Terms & Conditions
Impact.fm TERMS OF SERVICE
We offer you the web sites, applications, services and content on Impact.fm (“Impact.fm”) on the condition that you agree to the following terms. BY USING OR REGISTERING FOR Impact.fm, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS, which has the same effect as an Agreement in writing. You may not register or use Impact.fm if you do not agree to these Terms of Service.
About these Terms
Impact.fm is provided by Impact Media Publishing Inc, its providers, licensors and affiliates (either “we” or “us”). These Terms of Service and the terms of any offer for any specific services that you sign up to use or purchase from us collectively govern your use of Impact.fm (the “Agreement” or “Terms of Service”). By becoming a user of Impact.fm, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video and all other forms of data and communications on Impact.fm that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses and proprietors that post their own business profiles on Impact.fm.
You understand and agree that your subscription, purchase, or use certain products, services, and content offered through Impact.fm, including products from Contributors, may be subject to supplemental terms. You will have an opportunity to review such terms and agree to be bound by them if you use such products and services. We may change any term to this Agreement at any time. All modifications will be posted on Impact.fm and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any changes to this Agreement, you must discontinue your use of Impact.fm. Your ongoing use of Impact.fm after the changes take effect signifies your agreement to the new terms.
Changes to the Services
We may change, update or discontinue any offering or feature on Impact.fm at any time and without notice.
Registration is optional; however, you will need to register with us to use all of the features of Impact.fm. We will open an individual member profile for you when you register on Impact.fm. You must provide true, accurate, current and complete registration information. You agree to keep this information up-to-date. You represent and warrant that (a) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations (b) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (c) all information that you provide is true and current.
BY ACCESSING, USING, OR COMPLETING THE IMPACT.FM REGISTRATION FORM, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
If you are under the age of eighteen (18), you are prohibited from using or registering for the Impact.fm site.
You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not use Impact.fm, or any of its web sites, services and Content in any way that (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (5) is intended to mislead others, including without limitation, posting profiles and information about companies and business that are false or misleading; or (6) violates this Agreement, guidelines or any policy posted on Impact.fm. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through Impact.fm.
License and Permitted Uses
We grant you a non-exclusive, non-transferable, limited license to access and use Impact.fm and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Except as otherwise provided in any supplemental terms that may apply to certain Content, you may download and temporarily store insubstantial portions of Content that you purchase to one personal computer storage device under your exclusive control. You may use such Content only (1) to display internally such Content for your individual research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not use any robot, spider, other automatic device, or manual to access and copy our database. You may not store or use the Content to create an archival, searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Use of Impact.fm site or its Content as a means of generating revenue through the sale of Content or information to others is strictly prohibited and is a violation of this agreement. Except for the license granted in this Agreement, all rights, title and interest in Impact.fm and the Content are and will continue to be the exclusive property of us and our Contributors.
Use of Content, Forums, Comment Areas and Message Boards
THE CONTENT IS PROVIDED “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. The Content is intended for general information, general discussion, education, and entertainment purposes only. None of the Content should be construed as being endorsed or verified by us or our Contributors. We and Impact.fm do not provide personalized investment advice. Nothing contained on Impact.fm shall constitute (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. We and our Contributors cannot and do not assume responsibility, and expressly disclaim all liability, for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users, and neither do we endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on Impact.fm that violates this Agreement, as determined by us in our sole discretion.
You acknowledge that we may investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such Content, conduct, or activity to law enforcement authorities. You agree that we may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors’ legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of Impact.fm or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms about Content You Post
Impact.fm offers features where Contributors may post Content, including without limitation, areas to post business profiles and comments on forums and discussion boards. Except for the Content we and our Contributors license to you, we do not claim ownership of any Content posted by you or our other users. However, by submitting Content to Impact.fm: (a) you grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content and (b) you grant other users of Impact.fm free permission to view and use your Content. If you participate in any feature on Impact.fm that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on Impact.fm. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from Impact.fm at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
You may not submit or transmit through Impact.fm any Content, or otherwise engage in any conduct that:
a. violates federal and state laws, including without limitation, laws pertaining to securities and investment advising;
b. violates rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
c. constitutes stock touting;
d. posts or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
e. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
f. discloses anyone’s identification documents, sensitive financial information or other private or sensitive information;
g. is unlawful, threatening, abusive, harassing, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
h. publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;
i. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
j. impersonates any person, business or entity;
k. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
l. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Impact.fm will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on Impact.fm. We are not responsible for the loss of any data or Content you elect to store on Impact.fm.
By submitting Content on Impact.fm, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on Impact.fm; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties’ consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
You may not use the Posting Areas or Impact.fm to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest Content or information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Impact.fm to violate the terms of this Agreement.
Impact.fm offers additional, optional services on the website for business owners and marketing organizations. Premium Business Listing and New Business Select are paid services offered on Impact.fm which have varying terms, conditions and limitations for the user. We may modify and change these offerings at any time.
Disclaimer of Warranties
We provide Impact.fm “as is”, “with all faults” and “as available.” YOUR USE OF IMPACT.FM IS AT YOUR OWN RISK. We and our Contributors make no express warranties or guarantees about impact.fm, and Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT IMPACT.FM, INCLUDING ITS WEB SITES, SERVICES, FEATURES AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF IMPACT.FM. WE DO NOT GUARANTEE THAT IMPACT.FM WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE IMPACT.FM AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
WE, OUR PARENT, AND OUR CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF IMPACT.FM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON IMPACT.FM, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE IMPACT.FM SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR IMPACT.FM SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
Termination We may cancel or suspend your access to Impact.fm at any time, without cause and/or without notice. Your right to use Impact.fm will end once your service is terminated, and any data you have stored on Impact.fm may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Indemnification Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Impact.fm. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
Your affirmative act of making purchases or registering for Impact.fm constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding Impact.fm (collectively, “Notices”) or anything related to your use of Impact.fm. We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) by telephone; or (2) by posting the Notice on the applicable web page of Impact.fm. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This Agreement and any supplemental terms, policies, rules and guidelines posted on Impact.fm constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Orange County, CA.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Procedure for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. your name, address, telephone number, and email address.
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached as follows: By mail: 1300 South Bristol Ste.220, Santa Ana, CA By email: firstname.lastname@example.org.