ORDERS, RISK OF LOSS, AND RETURNS. iMedia Brands accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. iMedia Brands likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. iMedia Brands will add shipping and handling fees and applicable sales/use tax. iMedia Brands reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, “Merchandise”) offered through the iMedia Brands Services. Merchandise displayed through the iMedia Brands Services is available while supplies last. Descriptions of, or references to, Merchandise through the iMedia Brands Services do not imply endorsement of that Merchandise, or constitute a warranty, by iMedia Brands. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, iMedia Brands never takes title to the refunded Merchandise. Learn more about returning Merchandise or the Square Trade Protection Plan sold by iMedia Brands on iMedia Brands.com.
CORRECTION OF ERRORS AND INACCURACIES. The information provided through the iMedia Brands Services may contain typographical errors or inaccuracies and may not be complete or current. iMedia Brands reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Merchandise description, pricing and availability. iMedia Brands reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from iMedia Brands. iMedia Brands reserves the right to limit the order quantity on any Merchandise. In the event that Merchandise is listed at an incorrect price due to supplier pricing information or typographical error, iMedia Brands shall have the right to refuse or cancel orders placed for the Merchandise listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typographical error is discovered after the Merchandise has shipped, you acknowledge that you will either refuse the delivery, return the Merchandise (at iMedia Brands’s expense). If you refuse these options, you will be charged the iMedia Brands price of the Merchandise as it should have been for the Merchandise in question on the day of the sale, or you may have restrictions placed on your iMedia Brands account. If your credit card has already been charged for the purchase and your order is canceled, iMedia Brands shall promptly issue a credit to your credit card account in the amount of the incorrect price.
CONTENT. The text, images, photographs, graphics, logos, illustrations, descriptions, data, information, and other material provided through the iMedia Brands Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. iMedia Brands may change, delete, or update any Content at any time and without prior notice.
USE OF THE CONTENT & SERVICES. Unless otherwise noted, the Content is protected by patents, copyrights, trademarks (including but not limited to service marks), and other proprietary rights that are owned by iMedia Brands or by third parties that have licensed their use to iMedia Brands. You may view and use the Content only for your personal information and for shopping and ordering through the iMedia Brands Services. Except as set forth above, iMedia Brands does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process, any of the Content. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the Content for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Content or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of, the Content. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
TERMINATION. iMedia Brands shall have the right without notice and at any time to terminate the iMedia Brands Services or any portion thereof (including but not limited to iMedia Brands.com), or any Merchandise offered through the iMedia Brands Services, or to terminate any individual’s right to access or use the iMedia Brands Services.
You are strictly prohibited from sending to or posting through the iMedia Brands Services (including but not limited to iMedia Brands.com), any Submission(s) that: (i) contain confidential or private information (including without limitation a person’s financial or medical information or a company’s trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to iMedia Brands’s Merchandise or Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.
OTHER BUSINESSES. Parties other than iMedia Brands operate stores or sell lines of goods and services through the iMedia Brands Services. In addition, the iMedia Brands Services provide links to the websites of affiliated companies and certain other businesses. iMedia Brands is not responsible for examining or evaluating, and iMedia Brands does not warrant the offerings of, any of these businesses or individuals or the content of their websites. iMedia Brands does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.
YOUR ACCOUNT. You are responsible for maintaining the confidentiality of your iMedia Brands account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
DISCLAIMER AND LIMITATION AS TO USE OF THE IMEDIA BRANDS SERVICES. THE IMEDIA BRANDS SERVICES (INCLUDING BUT NOT LIMITED TO IMEDIA BRANDS.COM) ARE OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, IMEDIA BRANDS AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE IMEDIA BRANDS SERVICES AND THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, IMEDIA BRANDS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE IMEDIA BRANDS SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES SHALL IMEDIA BRANDS OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE IMEDIA BRANDS SERVICES, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE IMEDIA BRANDS SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW, INCLUDING THE LAW IN NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO MERCHANDISE. If for any reason you are not entirely pleased with Merchandise you purchased from iMedia Brands using the iMedia Brands Services, simply return the Merchandise consistent with our return policy, posted at iMedia Brands.com. If not returnable under our return policy, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many items of Merchandise are packaged with the manufacturer’s warranty (if any) and service information detailing specific terms and conditions. Learn more about returning Merchandise on iMedia Brands.com. PLEASE NOTE THAT CERTAIN ITEMS ARE SOLD “AS IS” OR “FINAL SALE” EXCEPT WHERE PROHIBITED BY LAW. ITEMS SOLD “AS IS” OR “FINAL SALE” CANNOT BE RETURNED OR EXCHANGED. WHEN APPLICABLE, THIS WILL BE SPECIFIED AT THE TIME OF SALE.
ALL MERCHANDISE SOLD BY IMEDIA BRANDS IS SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, IMEDIA BRANDS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MERCHANDISE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, IMEDIA BRANDS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO MERCHANDISE SOLD THROUGH THE IMEDIA BRANDS SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL IMEDIA BRANDS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY MERCHANDISE SOLD THROUGH THE IMEDIA BRANDS SERVICES. IN NO EVENT SHALL IMEDIA BRANDS’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE MERCHANDISE THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW, INCLUDING THE LAW OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
MOBILE SERVICES. The Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from iMedia Brands (“text alerts”), and access certain other features (collectively, the “Mobile Services”). Although iMedia Brands does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions (if any) may be applicable to your use of the Mobile Services, and how much they will cost you.
By using the Mobile Services, you agree that iMedia Brands may communicate with you by auto-dialed SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to iMedia Brands. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any Merchandise. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information to ensure that the messages iMedia Brands intends to send to you are not sent to another person who acquires your former mobile telephone number.
Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to iMedia Brands shall be sent to the following address: iMedia Brands Live Inc., Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. All notices sent by iMedia Brands to you will be sent to the email and/or mailing address provided in your iMedia Brands Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or iMedia Brands may commence an arbitration proceeding. Both you and iMedia Brands agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Procedures. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and iMedia Brands agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and iMedia Brands will: (1) pay all costs of the arbitration; and (2) not seek attorney’s fees in the event iMedia Brands prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
COPYRIGHT VIOLATIONS – DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others, and we require that the people who use our Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Services infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent by email at customercare@iMedia Brands.com or by email to iMedia Brands Live Inc., Attn: Copyright Agent, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TRADEMARKS AND PATENTS. Certain patents, copyrights, trademarks (including but not limited to service marks), trade names, and logos used or displayed on the iMedia Brands Services are registered and unregistered patents, copyrights, trademarks, trade names, and logos of iMedia Brands or its affiliates. Other patents, copyrights, trademarks, trade names, and logos used or displayed on the Services are the registered and unregistered patents, copyrights, trademarks, trade names, and logos of their respective owners, including the developers, or their respective affiliates. Any identification of trademarks or other proprietary rights of other parties shall be in accordance with iMedia Brands policy, and iMedia Brands acknowledges the rights of such third parties. Nothing contained on the iMedia Brands Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents, copyrights, trademarks, tradenames, or logos displayed on the iMedia Brands Services without the written permission of iMedia Brands or such other owner.