Last updated on September 28. 2009.
2. Scope of Use
By accessing the Site, you agree to (i) use the content of the Site solely for personal, informational, non-commercial purposes, (ii) keep all copyright and other proprietary notices intact, (iii) ensure that any information about yourself that you provide to ImagineNations through the Site is accurate, complete and current, and (iv) comply with all applicable laws in connection with your use of the Site.
ImagineNations reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site at any time. ImagineNations may also impose limits on certain features of the Site or restrict access to any part or all of the Site without notice or penalty.
3. Rules of Conduct
- use this Site for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of ImagineNations or its service providers;
- transmit or distribute any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as confidential information learned as part of employment relationships or under nondisclosure agreements);
- transmit or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) without the express permission of the owner of such right;
- copy, sell, resell, or exploit for commercial purposes any portion of this Site;
- use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Site pages, content, or user information, except as expressly permitted by ImagineNations;
- transmit or distribute any User Content that is unlawful, deceptive, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
- intentionally forge headers, manipulate identifiers, use another's user id or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user's identity or contact information;
- transmit or distribute viruses or other malicious code;
- collect user names and contact information and/or send unsolicited commercial communications (spam);
- take any action that imposes an unreasonable or disproportionally large load on the Site's infrastructure; or
- assist or permit any persons in engaging in any of the activities described above.
Each user of this Site, including you,
- is responsible for the User Content that the user transmits to this Site, and the consequences of its use or submission;
- is responsible for ensuring that all User Content the user transmits to this Site is accurate, truthful, up-to-date, and complete; and
- will abide by all security and safety measures established by ImagineNations or its affiliates, partners, or service providers.
If you believe that any User Content on the Site infringes your intellectual property rights, please notify ImagineNations at firstname.lastname@example.org and provide the following information: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.
5. Products & Services
Display of a product or service offering on this Site is not a guarantee that the item is currently available or that it will be available on this Site when you visit again. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of ImagineNations. Any description or reference to non-ImagineNations products or services in this Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by ImagineNations.
6. No Warranties
THIS SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THIS SITE (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. IMAGINENATIONS MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. IMAGINENATIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
8. Proprietary Rights
IMAGINENATIONS and IMAGINENATIONS NETWORK and their respective logos are trademarks of ImagineNations. All other trademarks, service marks and logos on this Site are the property of their respective owners. Unauthorized use of any ImagineNations (or of any third-party) trademark, service mark, or logo may violate ImagineNations' or a third party's legal rights. You must obtain ImagineNation's written permission prior to using any trademark or service mark of ImagineNations.
ImagineNations and its licensors own all intellectual property rights in this Site, except as otherwise expressly indicated. This Site is protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations. Except as expressly authorized herein, you may not reproduce, modify or distribute any text, graphics or other content on the Site without the prior written consent from ImagineNations.
9. Additional Policies
Your use of the Site confirms and acknowledges your agreement to be bound by and comply with ImagineNations' other polices governing the use of the Site that are posted on the Site or provided to you electronically or otherwise in writing.
10. Limitation of Liability
IN NO EVENT SHALL IMAGINENATIONS, ITS USERS, ITS PARTNERS, OR ANY OF THEIR AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, ImagineNations' liability will be limited to the fullest extent permitted by applicable law.
11. Violations; Termination of Usage
12. Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and ImagineNations, you must adhere to ImagineNations' linking policy as follows: (i) any link to the Site must be a text only link (you may not use ImagineNation's logo as a link), (ii) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with ImagineNations' name or any ImagineNations trademark or service mark; (iii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ImagineNations; (iv) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking web site; and (v) ImagineNations reserves the right to revoke its consent to the link at any time and in its sole discretion.
13. Security / Passwords
15. Governing Law
16. Compliance with Laws
The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ImagineNations or its affiliates to any registration requirement within such jurisdiction or country. ImagineNations makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site or use of the services offered herein may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.