Website Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws, and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials
(information or software) on IMS Broadcasting’s website for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:- modify or copy the materials;
- use the materials for any commercial purpose, or any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on IMS Broadcasting’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by IMS Broadcasting at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
- The materials on IMS Broadcasting’s website are provided “as is”. IMS Broadcasting makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, IMS Broadcasting does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall IMS Broadcasting or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on IMS Broadcasting’s Internet site, even if IMS Broadcasting or an IMS Broadcasting authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on IMS Broadcasting’s web site could include technical, typographical, or photographic errors. IMS Broadcasting does not warrant that any of the materials on its web site are accurate, complete, or current. IMS Broadcasting may make changes to the materials contained on its web site at any time without notice. IMS Broadcasting does not, however, make any commitment to update the materials.
6. Links
IMS Broadcasting has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IMS Broadcasting of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
IMS Broadcasting may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to IMS Broadcasting’s website shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
General Terms and Conditions are applicable to Use of a Web Site.
MODEL RELEASE AGREEMENT RELATED TO PERSONAL INFORMATION GIVEN BY THE NAMED MODEL FOR COLLECTION, USE AND DISCLOSURE OF THE SAME AND AUTHORIZATION TO USE CONTENT
COVENANT NOT TO COMPETE AGREEMENT…MODEL RELEASE AGREEMENT
BETWEEN THE APPLICANT (herein known as “Performer”) and IMS BROADCASTING (herein referred to as “IMS”).
The ‘Performer’ by submitting the application does acknowledge that on receipt by ‘IMS’ from the ‘Performer ‘of all such personal information, material, and images, the sufficiency of which is deemed acceptable, good and valuable consideration to ‘IMS’. The ‘Performer’ grants irrevocably and perpetually to ‘IMS’, all rights to collect all personal information, use, reproduce, broadcast, narrowcast, record, adapt, print free of charge throughout the world forever, all audio and images forthwith, and that in perpetuity and without restriction all such material and images become the property of ‘IMS’. The ‘Performer’ does also include any heirs or assignees when hereby granting indefinite permission to enter and agree to all legal agreements as well as for the unrestricted rights to copyright and use, reuse, publication and republishing of the material in whole or in part, composite or distorted in the character of form, without restriction as to any changes or transformations and in conjunction with the “Performer’s” own or a fictitious name. The material may be used for any purpose including promotion, advertising, trade, or any other purpose whatsoever. Also, the materials may be used in any medium whatsoever, whether print, internet, radio, television, motion picture, DVD, videotape, or any other yet undiscovered or undeveloped technology.
As good consideration and as an incentive for ‘IMS’ engaging an Employee / Independent Contractor, if such employment is terminated for any cause, the Employee / Independent Contractor shall not, for [3] years after leaving the employment, engage directly or indirectly, either personally or as an employee, independent contractor, associate partner, model, studio, partner, manager, agent, or otherwise, or through any corporate or other devices, commence work in any similar or competitive to the business of ‘IMS’ worldwide., additionally nor shall a previous Employee/Independent Contractor for the same period and in such localities solicit orders or personal information, directly or indirectly, from any customers of ‘IMS’, or any customers of a successor to IMS, for such products as are sold, rented, viewed, or otherwise engage in by the Company or its successor, either for (himself or herself) or as an employee of any person, firm, or corporation].
9. Indemnification
You agree to defend, indemnify, defend, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site and/or Promotional Materials; (iii) all conduct and activities occurring using your account, personal information and/or Referral Sites, if any; (iv) any item or service sold or advertised in connection with your Referral Sites, if any; (v) any defamatory, libelous or illegal material(s) contained within your Content or your information and data; (vi) any claim or contention that any of your Referral Sites, if any, contain information, data or other materials which infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity; (vii) third-party access or use of any Promotional Materials provided to you; (viii) any claim related to your website(s); (ix) any costs incurred on your behalf as a result of your failure to comply with local or Federal United States Law; and/or (x) any violation of this Agreement. We reserve the right, at our own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge, on an hourly basis, for all time spent responding to any third-party complaints, disputes, copyright claims, or actions involving you or your Referral Sites.
10. Payment
IMS Broadcasting does not validate the details you provided and cannot guarantee the receiving bank, Postal Service, Transferwise validates the details for the payment instruction.
Any error in these payment details may result in a loss of funds. To the extent permitted by law, IMS LLC (IMS Broadcasting) is not liable for loss arising from any error in instructions given by you or an authorized user.
The pay period for IMSFREECHAT is the 15th and the end of the month. 100.00 minimum payout. Any earnings under $100.00 will get rolled over to the next period and paid when the commission balance exceeds 100.00. If you want to quit within 60 days of your begin date, we must be notified in writing and all monies that you have earned while working will be paid to you at the minimum pay rate and any fines, bank fees, administrative costs and/or violations (including but not limited to, stealing customers, animals or pets in view while streaming including non approved broadcasters) will be deducted. Any accounts that are inactive for 60 days will be considered expired and all past unpaid earnings purged unless otherwise notified before by either party. Tokens get cashed out every 24 hours and daily payouts are available to qualified models (contact payroll@imsfreechat for details).
IMS is not responsible for checks or 1099 Tax Forms that are returned to us due to incorrect address, errors in an email address, Transferwise, or for ACH or Wire payments that do not process due to incorrect account information. It is your responsibility to keep your contact information up-to-date and correct to receive your commission payments. You should also contact us immediately when changes have been made to your Account or Payment Information
I HEREBY AFFIRM that I am over the age of majority and have the right to contract in my name and permitted to work online in any and all countries with no responsibility or liability to IMS Broadcasting. I have read the above agreement before signing and I fully understand the contents thereof. I enter into this agreement under my own free will. This agreement shall be binding upon me and my heirs, legal representatives, and its assignees.
Injunctive Relief: Attorneys’ Fees. In recognition of the irreparable harm that a violation by Employee (independent contractor) of any of the covenants contained herein would cause the Company, the Employee agrees that, in addition to any other relief afforded by law, an injunction (both temporary and permanent) against such violation or Violations may be issued against him/her and every other person and entity concerned thereby, it is the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. Employee consents to the issuance of such injunction relief without the posting of a bond or other security. In the event of any such violation, THE APPLICANT AGREES TO PAY THE COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES INCURRED BY THE COMPANY IN PURSUING ANY OF ITS RIGHTS concerning SUCH VIOLATIONS, IN ADDITION TO THE ACTUAL DAMAGES SUSTAINED BY THE COMPANY AS A RESULT THEREOF.