Terms and Conditions
Acceptance of Agreement
You agree to the Terms and Conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and IT Media with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. Any such modifications shall take effect immediately. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
The Website is available only to individuals who can enter into legally binding contracts under applicable law. To begin the enrollment process, you must submit a complete Affiliate application (“Application”). To join our Network, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and Internet connection to access the Network and Site. The Site is not intended for use by individuals under the age of 18. IT Media will evaluate your Application and promptly notify you of your Application acceptance or rejection via the email address that you supply as a part of your Application. If any of the information supplied as part of your Application changes, at any time, you must immediately inform IT Media of same to reflect such changes in your Affiliate profile.
IT Media Network
Only by registering on the website, completing the applicable IT Media Affiliate Agreement as either an Affiliate or Advertiser and receiving approval from IT Media, can you utilize the affiliate marketing network operated by IT Media (the “IT Media Network”). The IT Media Network allows: (a) Interested third-party Affiliates to receive Creative Materials for various Advertiser products and/or services and market such products and/or services on Affiliate websites and/or through other online media as allowed by IT Media; and (b) Interested Advertisers to engage and retain third-party Affiliates in connection with the marketing of their products and/or services.
IT Media reserves the right to prevent any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, IT Media undertakes no responsibility to monitor or otherwise police the use of Creative Materials or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that IT Media will not be responsible for such Creative Materials and other information. You agree that IT Media shall have no obligations and incur no liabilities to you in connection with any Creative Materials and other information appearing in the IT Media Network or otherwise made available by and through the Site.
You are solely responsible for your interactions with other Website-users including, but not limited to, Affiliates, Advertisers and/or other third-parties. Because our company is not involved in such dealings, in the event that you have a dispute with one or more Website-users, Affiliates, Advertisers and/or other third parties, you hereby release IT Media, including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Unless explicitly stated otherwise, any future offer made available to you on our company website that augments or otherwise enhances the current features of the website shall be subject to the Agreement. You understand and agree that IT Media is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as either an Affiliate or Advertiser for any current or intended marketing campaign or any associated functionality. You understand and agree that IT Media shall not be liable to you or any third party for any modification, suspension or discontinuation of the IT Media Network, any IT Media products and/or services or any products and/or services by any of the Affiliates and/or Advertisers. These Terms and Conditions only govern your use of the Website and ability to register for the services provided on the Website.
The Creative Materials, content, organization, graphics, design, compilation, digital conversion, software, services and other matters related to the Site and IT Media Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Creative Materials, IT Media Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Creative Materials, content, document, software, services or other materials viewed at or through the Site and IT Media Network. Your use of this Site and IT Media’s services does not confer any intellectual property rights to you in the content you access or the services you use.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. You may not use, copy, emulate, rent, lease, sell, modify, disassemble, reverse engineer or transfer the Creative Materials, Site, any content featured therein or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or IT Media Network. Your right to use the Site is not transferable.
IT Media reserves the right to modify these “Terms and Conditions” from time to time. Your use of the Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
By using the Site, you agree to indemnify and hold IT Media, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use or attempted use of the Site, including providing a link to another site or uploading any content to the Site.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IT MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR IT MEDIA NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE SITE, IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE IT MEDIA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF IT MEDIA TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IT MEDIA. THE SITE, THE IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Disclaimer of Warranties
THE SITE, THE IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, IT MEDIA MAKES NO WARRANTY THAT: (A) THE SITE, THE IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE IT MEDIA NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR IT MEDIA NETWORK WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR IT Media NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IT MEDIA OR OTHERWISE THROUGH OR FROM THE SITE, IT MEDIA NETWORK, ANY AFFILIATE AND/OR ANY ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Third Party Content
The Site may contain links to sites maintained by third parties. IT Media is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
Any attempt by any individual, whether or not a IT Media customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and IT Media will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Disputes; Choice of Law; Venue
The Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Terms and Conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Sherman Oaks, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against IT Media and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that IT Media incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
The Agreement is personal between you and IT Media and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and IT Media. To the extent that anything in or associated with the Site and/or any IT Media offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions regarding the Agreement, or would like more information from us, please contact us at:
2800 Olympic Blvd
Santa Monica, CA 90404