What If Media Group, LLC
Terms & Conditions
Last Updated: January 27, 2021
Thank you for visiting the What If Media Group, LLC website located at www.whatifmediagroup.com (the “Site”). The Site is an Internet property of What If Media Group, LLC (“WIMG,” “we,” “our” or “us”). We require that each visitor to the Site (“user,” “you” or “your”) agrees on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”) to the following terms and conditions of use (“Terms”) in their entirety, when you: (a) access or use the Site; (b) access any of the blog posts, text, photographs, graphics, artwork, data and/or other content featured on the Site (collectively, “Content”); (c) access links to WIMG’s social media pages/accounts on third-party social media websites, such as Facebook®, LinkedIn®, Instagram®, Twitter® (collectively, “Social Media Pages”); and/or (d) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, WIMG (collectively, the “Contact Services,” and together with Site, Content and Social Media Pages, the “WIMG Offerings”).
The Site is available only to individuals that: (a) are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The WIMG Offerings are not intended for individuals who do not satisfy the Usage Requirements. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the WIMG Offerings.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Instagram® is a registered trademark of Instagram, Inc. (“Instagram”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”).
Please be advised that WIMG is not in any way affiliated with Facebook, LinkedIn, Instagram or Twitter, nor are the WIMG Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. WIMG Offerings
The Site’s purpose is to provide general information about WIMG, our management team and the services we provide to advertisers and publishers.(a) Content. The Site contains Content which includes, but is not limited to: (i) sections that describe WIMG’s business; (ii) a section that contains information regarding WIMG’s management team; (iii) a section that contains blog posts regarding the latest WIMG news; and (iv) other materials regarding WIMG and our business.
The Content is offered for informational purposes only.
The Site and Content may include hyperlinks to other websites which are not maintained by WIMG. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by WIMG of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and WIMG will have no liability for any loss or damage arising from your access or use of any external website. Since WIMG is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that:
(a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
(b) Social Media Pages. The Site contains links to the various WIMG Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that WIMG shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
3. Intellectual Property
The content, organization, graphics, design, compilation, services and other matters related to the WIMG Offerings 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 WIMG Offerings is strictly prohibited. You do not acquire ownership rights to the WIMG Offerings or any content, document, services or other materials viewed at or through the WIMG Offerings. The posting of information or material on the Site and/or by and through the WIMG Offerings by WIMG does not constitute a waiver of any right in or to such information and/or materials.
4. License Grant
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the WIMG Offerings and associated content in accordance with these Terms. We may terminate this license at any time for any reason. You may use the WIMG Offerings for your own personal, non-commercial use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use) and you and/or your Company are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
No part of the WIMG Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the WIMG Offerings or any portion thereof. We reserve any rights not explicitly granted in these Terms. Systematic retrieval of material from the WIMG Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. Your right to use the WIMG Offerings is not transferable.
5. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
WIMG takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you and/or your Company used in connection with your use of the Site.
THE USE OF THE WIMG OFFERINGS BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE WIMG OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, WIMG DOES NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE WIMG OFFERINGS PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU, YOUR COMPANY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR YOUR USE OR YOUR INABILITY TO USE THE WIMG OFFERINGS.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00) IN ANY CALENDAR YEAR. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WIMG OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend and indemnify WIMG, and our officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) information that you through the Site; (b) your access to and use of the WIMG Offerings available on or through the Site and WIMG; (c) your violation of these Terms; and (d) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of New York. Each of you and your Company submits to personal jurisdiction in New York, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Bergen County, New Jersey.
11. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
12. MISCELLANEOUS & CONTACT US
Should any part of these Terms 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. To the extent that anything in or associated with the WIMG Offerings is in conflict or inconsistent with these Terms, then these Terms shall take precedence. Our failure to enforce any provision of the Terms 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 Terms. WIMG may assign its rights and obligations under the Terms, in whole or in part, to any party at any time without notice to you. The Terms may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions regarding the Terms, or would like more information from WIMG, please email us at: [email protected]; call us at: (201) 944-9800; or send US mail to: What If Media Group, LLC, 400 Kelby Street, Suite 1200, Fort Lee, NJ 07024.