These terms and conditions apply to the use of this Website at http://www.imagineproducts.com. By accessing this Website, registering as a member of this Site, or placing an order on this Site, you agree to be bound by these terms and conditions.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, DO NOT USE THIS WEBSITE.
You will be able to access many areas of this Website without registering your details with us. However, certain areas of this Website are only open to registered members.
We may revise these Terms and Conditions at any time by updating this posting. You should check this Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new Terms and Conditions after we have given notice, you should not continue to use this Website.
By becoming a member, you confirm that the information you provide with registration is true and that you agree to abide by the Terms and Conditions of use of this site. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
Each registration is for a single user only and is not transferable. We do not permit you to share any information or documents--including your account login, password, product downloads, etc.--with any other person nor with multiple users on a network. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else knows your password, please contact us immediately.
While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution.)
Software products are not subject to this clause. Rather, please refer to each product's license agreement (stated in the HELP and USER'S GUIDE).
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matter or any part of the Site, except as allowed in the above Limited Right to Use clause, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
VISITOR MATERIAL AND CONDUCT
Any material, other than personal identification information, you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licenses and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party in the United States or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
We will fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above clauses.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed, do not control, and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Imagine Products, Inc. logo or any product logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any trademarks displayed on this Website without express written permission;
- you only link from a website that is owned by you or with the permission of the website's owner; and
- the linked website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this clause.
While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided "as is" and any warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations.
We and any of our affiliated parties, and the officers, directors, employees, shareholders or agents of them, are not liable nor responsible for your use of any information or service provided from or through this site. We and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like) to you or a third party, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages, in connection with the use, inability to use, or the results of use of this Website, any websites linked to this Website or the material on such websites. This includes, but is not limited to, the loss or damage due to malware that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
This site is created and controlled by Imagine Products, Incorporated, in the State of Indiana, USA. As such, the Terms and Conditions contained in this agreement and elsewhere throughout the Site, shall be construed, interpreted and governed by the laws of the State of Indiana.
All claims, actions, suits and proceedings arising directly or indirectly out of this agreement, or your use of the site or any samples or products obtained by you through such use, shall be filed, tried and litigated only in the Circuit or Superior Court of Marion County, Indiana or the United States District Court for the Southern District of Indiana, Indianapolis Division. In connection with the foregoing, the parties hereto consent to the jurisdiction and venue of such courts and expressly waive any claims or defenses of lack of jurisdiction of or proper venue by such courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.