THE IMAGINOX ACADEMY OF CREATIVE ARTS
INFORMATION ABOUT US
www.imaginox.co.uk is a website owned and operated by The Imaginox Academy of Cre ative Arts Limited ("We"). We are registered in England and Wales under company number 05768227 and have our registered office at 3 - 5 Lambeth Road, London, SE1 7DQ, UK.
ACCEPTABLE USE OF THE WEBSITE
You may use our Website only for lawful purposes. You may not use our Website:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or intending to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material, which does not comply with our Content Standards as set out below;
to transmit, or procure the sending of, any unsolicited or un advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
any part of our Website; any equipment or network on which our Website is stored; any software used in the provision of our Website; or any equipment or network or software owned or used by any third party.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, from the Website for any commercial solicitation purposes.
You must not attempt to gain und access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
We hereby grant you permission to use the Website as set forth in these Terms and Conditions, provided that:
any reuse, reproduction or distribution of the Content shall be subject to and conform to the terms and restrictions; you will not alter or modify any part of the Website, including but not limited to the Video Player or any of its related technologies, other than as may be reasonably necessary to use the Website for its intended purpose; and you will otherwise comply with these Terms and Conditions.
We permit you to link to materials on the Website for personal, non-commercial and promotional purposes only.
In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or und use of your account. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for our losses or the losses of others due to such und use.
You will not post or transmit through the Website advertising except on Public "Noticeboards" in accordance with respective guidelines and on your own individual "company" profile page.
You will not contact members using their e-mail address or other contact details through the Website to advertise or promote any service or product.
You will not post or transmit through the Website anything that could cause distress or inconvenience.
You will not cause any effect on the operability or security of the Website or cause disruption to our staff.
You will not post or otherwise make available on the Website any material, which you do not own without the express permission of the owner of the material; or
You will not contact any member through the Website on behalf of someone else. Only registered members are permitted to use contact information on the Website.
Prohibited commercial uses include any of the following actions taken without our express approval:
sale of access to the Website or its related services (such as the Video Player) on another website; use of the Website or its related services (such as the Video Player), for the primary purpose of gaining advertising or subscription revenue; and use of the Website or its related services (such as the Video Player) that we find, in our sole discretion, to use our resources, Content or User Submissions with the effect of harming, disparaging, casting in a negative light or in any way facilitating the violation of any third party’s proprietary rights, including but not limited to intellectual property right or rights of privacy, of Content, and/or User Submissions.
Prohibited commercial uses do not include:
uploading an original video to our Website to promote your business or artistic enterprise; and any other use that we expressly permit in writing.
You agree to comply with all applicable laws, rules and regulations.
Subject to the above, the Terms and Conditions set forth herein, and any applicable third party restrictions, we grant you a revocable, non-transferable, non-exclusive and non-sub-licensable limited right and license to view, use and access the Services to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by us for such purposes on the Website, solely for your informational purposes and for your immediate, private, personal and non-commercial use; and (b) make purchases of goods and services through links found on or through the Services. At all times you must retain all our or third party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by us including any and all implied licenses.
We operate a:
‘Notice and Take-Down’ policy, which means if we notice or are made aware of any content that contravenes this Agreement, we reserve the right to remove the specified content; and ‘Fair use’ policy to protect the quality of our Course Services. If we believe your use of a Course Service is taking up excessive bandwidth or your use of a Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Course Service. This may include temporarily suspending your user account and/or access to the Course Service.
APPLICATION AND MEMBERSHIP
You have to register as a member of IMAGINOX in order to be able to access and purchase any of our content and in order to be able to post an online profile as well as interact with the rest of our Website. Full membership also gives you access to all our Website services. Members have to complete the registration details as accurately as possible. You should notify us of any changes to your personal details.
You agree that IMAGINOX user names are our property and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an IMAGINOX user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
FUTURE FEES AND RENEWALS
The Website is currently free of charge. However, we may introduce an annual fee and increase this fee from time to time. We will notify you three months in advance before any such change takes place. If you inform us by emailing email@example.com that you do not want to renew or payment is not received by the due date, you will be removed from the list of members and you will not be entitled to access the site.
When you register for an account with the Services, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, role in the industry, country of residence and gender. You may choose to add information to the personalisedCV section of your user page or delete certain information from your profile page, but your user name, role in the industry, country of residence and gender are required information for your profile page. Your profile page will also automatically display the materials you have uploaded or otherwise submitted via the Services. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. Please note that your profile page (including any messages that may have been left for you) may be viewed by other registered users, so you should not include any information in your profile page that you do not want others to see.
You use the Website at your own risk and you should take care with the information that you make available through our Website or that you provide to other Website members.
You acknowledge we reserve the right to monitor the Website and store the data you transmit and trends in your activity.
You agree to receive communication from members and non- members of the Website by creation of a public profile. Creation of a public profile and the contact details stated are at your own discretion.
As a registered member you agree to your full name being listed, but no further details will be revealed about you unless you have created a publicly available profile.
USING INFORMATION ABOUT OTHER MEMBERS
Our Website enables members to view each other’s Profiles and to share other personal information via the interactive services. You agree that you will only use other members personal information published on the Website in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of this acceptable use policy, our Website and membership terms, that you will only use other members personal information for lawful purposes relating to our online club or such other purposes that the other member concerned expressly permits.
MATERIAL STORAGE AND DELIVERY
The amount of storage space and bandwidth per member may be limited. Accounts may be archived, or materials may be purged at such time intervals as we or our third party service provider(s) determine in their sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
We do not guarantee uninterrupted availability of the Website, but shall make reasonable efforts to minimiseany periods during which the Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
TERMINATION OF INACTIVE ACCOUNTS
Accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety or more days. In the event of a suspension or deletion of an account, materials (whether videos, still images, Forum posts, submissions or other communications) may no longer be accessible.
USER-GENERATED CONTENT: A USER’S INTELLECTUAL PROPERTY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions.
You have the permission, release, and/or written consent of each and every identifiable individual person in the User-Added Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User-Added Content in the manner contemplated by the Website and these Terms of Service.
We do not claim any ownership rights in your Content. After posting your Content to the Website, you continue to retain all ownership rights in such Content and you continue to have the right to use your Content in any way you choose.
However, by submitting User-Added Content to us you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, distribute, reproduce, prepare derivative works of, display, and perform the User-Added Content in connection with the Website or any other sites operated by us and our successor's business, including without limitation for research, as well as for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User-Added Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User-Added Content as permitted through the functionality of the Website and under this Agreement.
Termination of this Agreement must be made via email at firstname.lastname@example.org and consists only of removing the content from the Website. The foregoing license granted by you terminates once you remove or delete User-Added Content from the Website. For any Submission that is a video, the licenses granted by you herein shall terminate within a commercially reasonable time after you remove or delete such Submission from the Website.
We require all of our users who post content to respect and honour all copyright and intellectual property laws. We reserve the right to remove any content if we believe it to breach these laws.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business, unless otherwise directed by the Website (v) impersonate another person.
We do not and cannot review all Submissions and User Generated Content posted to or created by users accessing the Services (including, but not limited to, the Website), and are not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the Website), we are merely acting as a passive conduit for the distribution of such information, and are not undertaking any obligation or liability relating to the Content or the users' activities.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us and any affiliated company or individual harmless from any and all claims to the fullest extent allowed by law regarding all matters related to your use of the Website and that they do not undertake or assume any duty to monitor the Website for inappropriate content.
You understand and agree, however, that we may retain (but not display, distribute, or perform) server copies of Submissions that have been removed or deleted, and that we shall have no obligation to attempt to remove from distribution any of your Submissions that are videos that are otherwise publicly available through the Internet or other publicly accessible medium. For any Submission that is not a video, the licenses granted by you herein are perpetual and irrevocable.
We do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Without limitation, we reserve the right to refuse or remove Content and User Submissions without prior notice. We will also terminate a User's access to our Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at our sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification for further detail: (i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are d to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement of copyright or other intellectual property infringement should be emailed to: email@example.com.
USER GENERATED CONTENT DISCLAIMER
Under no circumstances will we or any affiliated company or individual be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Website or Services. Under no circumstances will we or any affiliated company or individual assume responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to us, in our sole discretion.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
We may from time to time provide certain interactive services on our Website, including, without limitation:
Forums for discussion of issues of interest to our users and community; bulletin boards where users can advertise their availability for work or offer to employ or engage users for work; social networking services where registered members can create online personal profiles, upload photos, create blogs and interact with other members.
Other interactive media, including, without limitation:
Email (interactive services)
Any use of our interactive services should comply with our Content Standards.
We do not oversee, monitor or moderate the Content that you upload to our Website using our interactive services and neither do we vet or screen users of our Website. You use the Website at your own risk and you should take care with the information you post on our Website or that you provide to members.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The use of any of our interactive services by anybody who is not an individual, or who is under the age of 16 or who is not a current member or guest of our online club is strictly prohibited.
FORUMS, CHANNELS AND GROUPS
We may, in the future offer users the ability to create “channels” or “groups” focused on a particular area of interest, and also offers access to Forums as part of the Services. A "Forum" refers to a bulletin board, user comment area, virtual community or other means for users to engage in public commentary or discussion, which may be found in various areas of the Website, including within channels and groups. Channels, groups and Forums are offered for personal, non-commercial use only. You shall not, without our express written approval, distribute or otherwise publish via any of the Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Services, your privilege to create channels and groups, and to participate in the Forums is dependent on your continued compliance with these Terms and Conditions. We may revoke your privileges, terminate your registration/account or take any other measures deemed by us to be appropriate, in our sole discretion, to enforce these Terms and Conditions if violations are brought to our attention. You agree that IMAGINOX channel and group names are the property of IMAGINOX and we reserve the right, in our sole discretion, to change, remove or replace any channel or group name for any reason. We may refuse to grant you, and you may not use, a IMAGINOX channel or group name that is already being used by someone else; that may be construed as impersonating a company or another person; that belongs to a company or another person; that violates the intellectual property or other rights of any entity or person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that channel and group names may be viewed by the public, so you should not choose a channel or group name that personally identifies you.
In addition to any other rights or remedies available to us, we reserve the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a law enforcement request, or when we believe, in our sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of £5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay us actual damages, to the extent such actual damages can be reasonably calculated.
You should consider all Forum communications to be public and not private communications. Although wereserve the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us and our service partners a perpetual, royalty- free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
We reserve the right to monitor some, all, or no areas of the channels, groups and Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any content or activities in any Forum.
These content standards apply to any and all material you upload to, or post on, the Website including your portfolios, blogs, profiles, CVs, contacts, photos, comments in Forums, adverts on our bulletin board, profiles and communications with members ("Content") and your use of the Website. You are responsible for your use of the Website and any videos, show reels, text, or other ‘User Submissions’ that you may place on the Website.
Content, to the best of your knowledge, must:
be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable law in the UK and in any country from which they are posted.
Content must not:
contain any material, which is defamatory of any person, obscene, offensive, hateful or inflammatory; promote sexually explicit material, violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trademark of any other person; be likely to deceive any person or made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; place on the Website any material that is encrypted, constitutes junk mail or und advertising, invades a person’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, national, or international law or regulation; place on the Website content that is plagiarized; use the Website for any unlawful purposes and you acknowledge that such unlawful use may result in civil and criminal liability; or place User Submissions on the Website without the written permission of other parties appearing in or contributing to the work.
RELIABILITY OF INFORMATION ON THE WEBSITE
We do not claim that the information on any specific subject contained on our Website is accurate, comprehensive, verified, complete or error free. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.
We therefore disclaim all liability (whether arising in contract, tort or otherwise) and responsibility arising from any reliance placed by any user on materials and information available through our Website.
Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information.
You acknowledge that we are not liable for any posting placed anywhere on the Website that has been written by the members of the Website. You acknowledge that we are not responsible and do not endorse such material.
The following terms relate to the paid-for online training services (‘COURSE SERVICES’) supplied to you through our Website and the supply of related products including Master Class videos (‘PRODUCTS’) listed on our Website to you and should be read in conjunction with the terms on each individual COURSE SERVICE/PRODUCT as well as our General Terms and Conditions save where they are inconsistent with these terms.
Your order constitutes an offer to us to buy a COURSE SERVICE or PRODUCT from us. The COURSE SERVICE or PRODUCT will be made available to you once your payment has been authorised. The contract between us (CONTRACT) will only be formed when you make the authorised payment. At any point until then, we may decline to supply the COURSE SERVICE or PRODUCT without giving any reason.
PURCHASES, TAXES AND REFUNDS
Fees for COURSE SERVICES and the prices for the PRODUCTS are payable in advance and we shall be under no obligation to provide the COURSE SERVICES or PRODUCTS until such fees/payments have been paid. The fees/prices for the COURSE SERVICES/PRODUCTS are as stated on our Website from time to time, and shall be inclusive of VAT payable in effect on the day of download unless otherwise stated.
We accept credit and debit cards issued by banks in the United Kingdom. If a credit or debit card is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the order.
Please read the description of the COURSE SERVICE/PRODUCT carefully before placing your order. As soon as you decide to purchase a COURSE SERVICES or PRODUCT and subsequently press the PURCHASE or BUY Tab on the Website, your credit or debit card will be charged.
You have the right to withdraw from your transaction without charge until delivery of the COURSE SERVICE/PRODUCT has started. You do not have the right to withdraw from a transaction once delivery of the COURSE SERVICE/PRODUCT has started at which point your transaction is final. The COURSE SERVICES/PRODUCTS commence immediately when you hit the specific video module page on the website and the stream of the video automatically commences. At this point, you will not have a right to cancel your contract once the service commences. If you have purchased an entire creative programme or course, please refer to the specific Terms and Conditions of that particular programme or course for more details. If youencounter a connectivity issue during the streaming of your content or the streaming simply does not function, please email firstname.lastname@example.org and we will provide you with a credit to stream the same content again within 48 hours. We do not provide cash refunds for connectivity issues.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
DELIVERY OF COURSE SERVICES AND PRODUCTS
We will notify you by email of an online URL or download link to access the COURSE SERVICE/PRODUCT that you have purchased.
SUSPENSION AND TERMINATION OF MEMBERSHIP
You may terminate your membership of our online membership at any time, by emailing email@example.com and we will delete your membership account.
We may terminate your membership and / or restrict your access to the Website or some or all of the services provided by us, effective upon sending notice of termination to you.
Failure to comply with the acceptable use or Content Standards in these Terms and Conditions constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Website, and may result in our taking any or all of the following actions:
immediate, temporary or permanent withdrawal of your right to use our Website; immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; issue of a warning to you; legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required; or disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
If we suspect that your registration information is not current or accurate, or that you have otherwise violated these Terms and Conditions your account may be subject to suspension or termination and you may be banned from using the Website.
You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses or other form of interference which may put at risk or damage your computer system.
We reserve the right to ban users from the Website, should they breach any of the terms and conditions laid out in this document.
We exclude liability for actions taken in response to breaches of our acceptable use standards. The responses described in these Terms and Conditions are not limited, and we may take any other action we reasonably deem appropriate.
TERMINATION - OTHER CIRCUMSTANCES
We may terminate your membership and / or restrict your access to the Website or some or all of the services provided by us without prior notice to you in the following circumstances:
where we consider, in our sole discretion, that you are abusing the Website, the services or other members or guests of the club or where you are otherwise acting in breach of these Website use terms, these membership terms, the acceptable use policy or any of the documents referred to in any of those documents; where there is a regulatory or statutory change limiting the ability to provide access to the Website or the services; where there is an event beyond our reasonable control preventing us from providing access to the Website or the services; or where we determine that it is no longer economically viable for us to continue to provide the Website or the services.
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our Website and all content (including all applications and materials) located on or available through the Website shall remain vested in us or our licensors (which includes other users). These works are protected by copyright laws and treaties around the world. You may use these rights and the material solely for the purpose of using the Website and our service in accordance with these Terms and Conditions.
Copyright in this Website, which includes text, images, videos, animation, audio files and all other data and information, is owned by us. You may retrieve and display content from this Website on a computer screen, and store such pages in electronic form on disk for your own, non-commercial, personal use. You may not, in any form or by any means:
Adapt, alter, copy, reproduce, republish, disassemble, de-compile, reverse engineer, download, post, transmit, make available store, distribute, print, display, perform, publish or create derivative works from any part of this Website; and Commercialise any information, products or services obtained from any part of this Website.
The content on the Website, except all User Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under English and foreign laws and international conventions.
Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written permission given by us.
We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined above) obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions exclude or limit our liability for death or personal injury caused by our negligence or any other liability that cannot be excluded on a point of law.
Further to the Term relating to Downtime, we are providing this Website on an “AS IS, AS AVAILABLE” basis to users. You use this Website at your own risk.
a) neither we nor our employees or agents are in breach of a legal duty owed to you;
b) such loss or damage is not a reasonably foreseeable result of any such breach; or
c) any increase in loss or damage results from a breach by you of any term of this contract.
Except as expressly provided in these Terms and Conditions and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this Website generally.
We further do not warrant that the Website or the products and materials contained on such site are error free, or that errors will be corrected, or that this Website or the server from which it is run is free of viruses or other potentially harmful codes.
As we do not charge for access or use of our Website in connection with the use of our free service, our Website is provided on an "as is" basis. Accordingly, we hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity; Neither we nor anyone else involved in creating, producing or delivering the Website should be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service in breach of any warranty.
We will not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with your membership of the online club, our Website or our services or in connection with the use, inability to use, or results of the use of our Website or our services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these terms limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. The provisions of this section will remain in force after termination.
LOSS OF CONTENT AND INFORMATION
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website. Nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this site.
In no event will we be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your access to and use of our Website.
You agree that we have no liability or responsibility for the storage or deletion of any materials that you submit, post or upload.
If you access our site or services from locations outside of the UK you are responsible for compliance with local laws applicable to your access and use of our Website and the services. The provisions of this section will remain in force after termination.
LINKS TO OUR WEBSITE
You may link to our Home Page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the terms on Content set out in these Terms and Conditions, applicable local, national or international law, regulation and good industry practice.
If you wish to make any use of material on our Website other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR WEBSITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for the content or privacy practices associated with linked sites.
In the event that the Website displays or advertises promotions, services or products that are offered by other parties or other individual members and you take advantage of such offers then your contractual relationship is with that third party.
THIRD PARTY SERVICES
THIRD PARTY TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE
Contracts for the supply of goods or other services or information between us and any member or guest of the online club formed through our Website or as a result of visits made by you are governed by our Terms and Conditions of supply applicable at the time on which the supply is made. If you contract with another member or other third party advertiser on our Website you are solely responsible for that contract including, without limitation, arranging for and collecting payment and the exchange of goods and services purchased (if applicable), and for the results and performance of any contract you have entered into. We are not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, or pay any amounts due, or to deliver any goods or services as promised, or for any other aspect of the transaction.
You agree to indemnify and hold us and any affiliated company or individual harmless from any loss, liability, claim or demand (including legal fees) made by any member or other third party due to or arising our of your entering into or breaching a contract with another member or third party. The provisions of this section will remain in force after termination.
In the future, you may put our RSS feed into your website or page through a widget provided that you give us due attribution and your use complies in all respects with applicable local, national or international law, regulation and good industry practice. We reserve the right to withdraw RSS permission without notice.
This Website and the services provided on it enable you to socialise and interact with other members and guests of our club and, as permitted by these terms, our membership terms and our acceptable use policy, to promote your services to other members or guests or to identify services or opportunities which may be of interest to you. However, if you become involved in any dispute with another member, guest or other third party as a result of your interaction with other members, guests or third parties through this Website, you agree to resolve this directly with the person(s) with whom you are in dispute. We reserve the right to involve ourselves in such disputes but are under no obligation to do so. The provisions of this section will remain in force after termination.
YOU AGREE THAT YOUR USE OF OUR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UND ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UND ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UK. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE OUR WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) any violation of any term of these Terms and Conditions by you or your authorised users; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as this Website is not intended for children under 13. If you are under 13 years of age, then please do not use this Website.
If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children's on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services. If you have any further questions about our Services please contact us at email@example.com. If you are the parent or guardian of a child under 16 and believe that he or she is using the Services, please contact us at firstname.lastname@example.org.
Notice to parents/guardians: Portions of the Website include user-generated- content, a portion of which contains material that may comprise nudity, violence or mature subject matter. We assume no responsibility for filtering or monitoring the content viewed by its members; accordingly minor members’ parents or guardians shall be solely responsible for filtering and/or monitoring their child’s use of the Website and/or Services.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred and assigned by us without restriction.
This Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without our prior written permission.
All of the Imaginox and Website trademarks are owned by us and may not be used for any purpose without our prior written permission.
We make no promise that materials available on or through the Website and Service are appropriate or available for use in locations outside the United Kingdom, and accessing the Website or Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website or Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions or part thereof is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Any failure or delay by us in enforcing compliance with these Terms and Conditions or the terms of any other document referred to in these membership terms shall not be construed as a waiver of that or any other provision of these membership terms, the Website use terms or acceptable use policy.
We reserve the right to amend these Terms and Conditions at any time in our sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
We will immediately terminate your membership if we believe that you are involved in any way in transmitting junk email, spam, unsolicited email in any form including bulk email, commercial or otherwise either through the IMAGINOX Service or to any member of Imaginox.
Each user agrees to discontinue any communication with any member of the Service if that person so requests. In other words, it is unacceptable behaviour for any member to harass another member.
We are committed to equal opportunities for all members, regardless of race, gender, sexual orientation, age or religion. We will not tolerate any form of abusive language in postings or in emails sent to other members, in particular when it could be considered to work against our commitment to equality.
We can also amend or modify these Terms at any time by notifying members either by email or on the home page at www.imaginox.co.uk.
If any provisions of these membership terms or any of the documents referred to in these membership terms is found to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms or the terms of any documents referred to in these membership terms.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
A person who is not a party to the agreement entered into between us relating to your Imaginox membership has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these membership terms, the website terms or the acceptable use policy but this does not affect any right or remedy of a third party specified in those documents or which exists or is available apart from that Act.
The headings in these membership terms are for reference purposes only and do not limit the scope of extent of the membership terms. The provisions of this section will remain in force after termination.
ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT
By using the Services, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Wemay provide such electronic Contract Notices by personal email or by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and Services.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the law of England and Wales.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. It is your responsibility to view this page frequently and remain informed about any changes to it.
If you wish to complain about any use of our Website or Content posted to our Website, please contact us at email@example.com. We will then review your complaint and decide whether it complies with our Terms and Conditions and, in particular, our content standards. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
VIOLATIONS of TERMS & CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to firstname.lastname@example.org. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. We will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.
YOUR COMMENTS ON THE WEBSITE
Feedback, comments and other general communications relating to the content of the Website, should be directed to Customer Service through email@example.com. Requests for technical support should be directed to firstname.lastname@example.org.