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Terms of Use

Last updated on September 28. 2009.

These terms of use ("Terms of Use") are for the ImagineNations Group, Inc. ("ImagineNations") online pilot portal located at http://www.imagine-network.org (the "Site"). The Site consists of two areas: (i) information and services available to the general public, without the need register on the Site (the "Open Area") and (ii) information, services and functionality available only to registered users of the Site ("Restricted Area"). Reference in these Terms of Use to the Site includes both the Open Area and the Restricted Area.

These Terms of Use are a contract between you and ImagineNations for use of the Site. By using this Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site. If you wish to become a registered user of the Site, you will also be required to indicate your acceptance of these Terms of Use when completing ImagineNations' online application form.

1. Modifications

ImagineNations may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the "last updated" date at the top of this web page. Modifications to these Terms of Use will be effective two (2) days after being posted on this Site. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use constitutes acceptance of those changes. In addition, for material changes to these Terms of Use, registered users will be notified of the updated Terms of Use prior to logging in to the Restricted Area.

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

Certain areas of this Site permit you to upload, post, e-mail, or otherwise transmit content (collectively, "User Content") or to otherwise interact with this Site and its participants. Some users may submit content that contains personally identifiable information. Please review ImagineNations' Privacy Policy at http://www.imagine-network.org/about/privacy-policy before providing any personally identifiable information. It is a violation of these Terms of Use for you to:

  1. 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;
  2. 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);
  3. 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;
  4. copy, sell, resell, or exploit for commercial purposes any portion of this Site;
  5. 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;
  6. 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;
  7. 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;
  8. transmit or distribute viruses or other malicious code;
  9. collect user names and contact information and/or send unsolicited commercial communications (spam);
  10. take any action that imposes an unreasonable or disproportionally large load on the Site's infrastructure; or
  11. assist or permit any persons in engaging in any of the activities described above.

Each user of this Site, including you,

  1. is responsible for the User Content that the user transmits to this Site, and the consequences of its use or submission;
  2. is responsible for ensuring that the User Content that the user transmits and receives through this Site complies with all applicable laws and regulations and these Terms of Use;
  3. is responsible for ensuring that all User Content the user transmits to this Site is accurate, truthful, up-to-date, and complete; and
  4. will abide by all security and safety measures established by ImagineNations or its affiliates, partners, or service providers.

You acknowledge that ImagineNations does not pre-screen the User Content you or others submit to this Site, and ImagineNations shall not be responsible for policing, monitoring, or editing such User Content. ImagineNations shall have the right, but not the obligation, to monitor User Content and use of this Site to improve its performance, for legal and regulatory requirements, to determine compliance with these Terms of Use and other applicable policies. ImagineNations shall have the right, in its sole discretion, to refuse to post or to remove any User Content on this Site that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you or any third party.

If you believe that any User Content on the Site infringes your intellectual property rights, please notify ImagineNations at [email protected] 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.

4. License

By transmitting User Content to this Site, you grant ImagineNations a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, prepare derivative works based on, and transmit such User Content for any purpose, and you waive any and all moral rights and publicity rights in such User Content. ImagineNation's use of your personally identifiable information is described in our Privacy Policy, which is available at http://www.imagine-network.org/about/privacy-policy.

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.

7. Indemnification

You agree to indemnify and hold ImagineNations and its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this Site, the User Content you post or transmit on or to this Site, your violation of the Terms of Use or any policies incorporated by reference, or your violation of any law or rights of a third party.

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

ImagineNations may terminate or suspend your access to all or part of this Site immediately and without notice for any conduct that ImagineNations, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of ImagineNations or any third party. Upon termination, you must cease use of this Site. ImagineNations reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Site from a particular Internet address.

12. Third-Party Sites and Linking

As a convenience to users, this Site contains links to web sites, as well as embedded web sites, in either case operated by ImagineNations' partners or other third parties ("Third-Party Sites"). Third-Party Sites are not under the control of ImagineNations, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not ImagineNations, terms of use and privacy policies. ImagineNations is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites.

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

Certain features of this Site may provide you with the option of setting up an account for which you will receive a user ID and password for future access to your account. User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your user ID or password, or to use your user ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password.

14. Disclosures

ImagineNations may preserve and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ImagineNations, Site users, or the public.

15. Governing Law

The laws of the District of Columbia, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving the Site, you agree that the dispute will be resolved in a court located in the District of Columbia, USA. You agree to submit to the personal jurisdiction of the courts located in the District of Columbia, USA for the purpose of litigating all such claims.

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.

17. Miscellaneous

These Terms of Use, as modified from time to time and including any policies that are incorporated by reference, sets forth the entire understanding and agreement between you and ImagineNations with respect to the subject matter hereof. ImagineNations shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of ImagineNations. ImagineNations' failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms of Use will remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Use will be in the English language.

18. Questions

If you have any questions about these Terms of Use, please e-mail us at [email protected].

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