General
The websites http://www.imaginationplayshops.com and http://www.beingbelongingbecoming.com(collectively the “Sites”) are owned and operated by ImagiNation Playshops LLC (“Company” “we” or “us”). By using the Sites, you agree to be bound by these Terms of Service and to use the Sites in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Sites or to products and services available through the Sites or from Company.
Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Sites and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Sites after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
1. A) Our Limited License to You. The Sites and all the materials available on the Sites are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
1. B) Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Sites, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
1. C) Limitations on Linking and Framing. You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your site by us or by the Sites. However, you may not, without our prior written permission, frame or inline link any of the content of the Sites, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Sites, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by us on the Sites. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Company does not guaranty the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND BY COMPANY ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITES, INCLUDING COMMENT FIELDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Sites may allow you to purchase different types of products and services. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, when you purchase products or services on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
Currency
All sales are billed in United States Dollars (“USD”) as required by law.
Refund Policy
All products and/or services offered by the Sites contain their own Refund Policy. Please refer to each product or services individual refund policy for that relevant information.
Interactive Features
1. A) Registration. To access certain features of the Sites, we may ask you to provide certain demographic information. In addition, if you elect to sign-up for a particular feature of the Sites, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
1. B) To use certain features of the Sites, you may need a username and password, which you will receive through the Sites’ registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITES, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THE SITES ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that no representation has been made by Company or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on the Sites.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Other
1. A) The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@imaginationplayshops.com.
1. B) This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
1. C) Choice of Law. These Terms of Use shall be governed by and construed in accordance with the state of New York. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrighted by ImagiNation Playshops LLC, ALL rights reserved. No part of the sites or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from ImagiNation Playshops LLC.
Contact
If there are any questions regarding these Terms and Conditions, you may contact us at: info@imaginationplayshops.com