Terms Of Use

Acceptance of Terms
By accessing the Interactive Multimedia Solutions, Inc (“IMS”) Web Site (www.ims3d.com) (the "Site"), you (the "User") acknowledge that you have read and agree to be bound by the terms and conditions described below. If you do not agree to the terms discussed here, you should exit this site now. IMS may revise these Terms of Use at any time without notice to you, and your continued use of the system constitutes the acceptance of the revised Terms of Use.

Use of Web Site Information
All content and information contained on the Site is the sole property of IMS and is copyrighted. (Copyright Notice: "Copyright © 2002 Interactive Multimedia Solutions, Inc. All Rights Reserved") You may view, copy, print or download documents and graphics (the "Documents") from the Site, as long as: (1) the Documents are to be used solely for personal, informational, educational or non-commercial purposes; (2) the Documents are not be modified or altered in any way; and (3) copies of the Documents include IMS's copyright notice. Unless your use constitutes "fair use" under copyright law, you may not use, copy, print, display, download, upload, perform, reproduce, publish, post, transmit, distribute or license any information from the Site, in whole or in part, without the express written authorization of IMS. All rights in and to the Documentation not expressly granted herein are reserved. No commercial use of any of the Documents may be made and no Documents may be sold, distributed, displayed, or modified. The works of authorship contained in the Site and in the domain "www.ims3d.com," including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by IMS, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of IMS.

Trademarks
All IMS trademarks and service marks are the sole property of IMS. You may not use any of these trademarks and service marks without the express written permission of IMS.

Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and IMS. You must read the license agreement and indicate your agreement to its terms prior to downloading, installing or using any software from the Site. All rights, title and interest not expressly granted in such license are reserved to IMS.

Passwords and Security
You may be provided with one or more passwords to access the Site. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify IMS immediately of any unauthorized use of your password(s).

Privacy
IMS is concerned about the security of any personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. It is the goal of IMS to balance the benefits of e-commerce with the right of individuals to prevent misuse of personal information. However, IMS will not be held liable for any unauthorized access to your personal information. Read our Privacy Policy here.

Links
While the Site may contain links to third-party sites, IMS is not responsible for the content of any linked sites. IMS provides these links as a convenience and does not necessarily endorse the companies or contents of any linked sites.

Disclaimer
While IMS attempts to provide accurate information on this Site, it assumes no responsibility for accuracy. IMS may change or update the content or information on the Site at any time without notice to you.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. IMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IMS MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. IMS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THIS SITE.

The information, products, and services included on or provided through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. IMS may make improvements and/or changes in the Site at any time. IMS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND BY THEM. YOU HAVE EVALUATED THE DESIREABILITY OF USING THE SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.

Limitation of Liability
IN NO EVENT SHALL IMS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE -- OR THE INABILITY TO USE -- THE MATERIAL ON THIS SITE. THIS INCLUDES, WITHOUT LIMITATION, THE LOSS OF PROFIT, REVENUE, DATA OR USE, INCURRED BY YOU OR A THIRD PARTY, EVEN IF IMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU, THE USER, ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST IMS IS TO DISCONTINUE USING THE SITE.

Indemnity
You agree to defend, indemnify and hold harmless IMS, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys fees and costs, arising out of or in any way connected with your access to or use of the Site in connection with any claims of any nature related to your use of or access to the Site, including without limitation claims of damage to property, personal injury, product liability, copyright, trademark, patent or trade secret infringement, libel, defamation, invasion of privacy, fraud, or breach of confidentiality, arising out of the use of the Site.

Termination of Use
You agree that IMS may, in its sole and arbitrary discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by IMS.

Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from this site may be downloaded or otherwise exported in violation of United States law.

Jurisdiction and Choice of Law
You agree that this agreement and all claims or issues regarding this Site, shall be governed according to U.S. Federal law and the laws of the State of North Carolina. Any legal action or proceeding concerning these Terms or this Site shall be brought within one (1) year after the claim or cause of action arises and must be brought in a federal or state court in the State of North Carolina. You agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceeding.

Entire Agreement
These Terms of Use constitute the entire agreement between IMS and you with respect to your use of the IMS Site. If for any reason a court of competent jurisdiction finds any provision herein, or any portion thereof, to be unenforceable, the provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Contact Information
If you have any questions regarding these Terms of Use or if you have any other questions regarding the Site, please contact IMS at info@ims3d.com.