Imagination International Corporation
- INTRODUCTION
- PRIVACY
- CONSIDERATION
- RESTRICTIONS ON USE OF MATERIALS
- NOTICE OF COPYRIGHT INFRINGEMENT
- SUBMISSIONS
- REGISTRATION INFORMATION AND SECURITY
- PUBLIC FORUMS AND COMMUNICATION
- HOUSE RULES
Welcome to the Internet Sites of the Imagination International Corporation, and other Internet sites on which these terms of use are posted. Imagination International Corporation and any and all entities that control, are controlled by, or are affiliated or under common control with, Imagination International Corporation are collectively referred to herein as we, us or our.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY IMAGINATION INTERNATIONAL CORPORATION SITE. By using any Imagination International Corporation Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Imagination International Corporation Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 17 labeled Amendment.
Please review our Privacy Policy, which also governs your visit to this Site, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of these terms of use.
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Imagination International Corporation Sites and receipt of data, materials and information available at or through the Imagination International Corporation Sites, the possibility of our review, use or display of your Submissions (as defined below in section 6 labeled Submissions), and the possibility of publicity and promotion from our review, use or display of your Submissions.
All information, content and materials contained on Imagination International Corporation Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from any Imagination International Corporation Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from any Imagination International Corporation Site. The use of any information, content or materials on a Imagination International Corporation Site on any other Web site or computer environment is prohibited. The Imagination International Corporation Sites are only for your personal use. You may not use the Imagination International Corporation Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. In the event that you download software from any Imagination International Corporation Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from Imagination International Corporation Sites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any Imagination International Corporation Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
Imagination International Corporation respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on an Imagination International Corporation Site in a way that constitutes copyright infringement, please provide Imagination International Corporation’s Copyright Agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Site that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that Imagination International Corporation may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Imagination International Corporation’s Copyright Agent for notice of claims of copyright infringement on an Imagination International Corporation Site is [insert name/title], who can be reached at the following address:
Imagination International Corporation
3450 Cahuenga Boulevard West, Suite 406
Los Angeles, California, 90068
Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (Unsolicited Submissions). If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on any Imagination International Corporation Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section labeled PUBLIC FORUMS AND COMMUNICATION)), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, User-Generated Content) through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the Submissions), we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on Imagination International Corporation Sites, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the Submissions License). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on Imagination International Corporation Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section labeled PUBLIC FORUMS AND COMMUNICATION)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any moral rights, ancillary rights, or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. The terms of the Submissions License shall govern our right to use all Submissions. If terms other than the Submissions License govern the submission of, and our right to use, User-Generated Content submitted in connection with a particular Imagination International Corporation Site feature or activity, such other terms shall be posted at the applicable Imagination International Corporation Site feature or activity and shall supersede the terms of the Submissions License; provided however, that in such instances, all provisions of these terms of use other than the Submissions License shall continue to apply to such Imagination International Corporation Site feature or activity (unless otherwise stated in the terms and conditions applicable to the particular Imagination International Corporation Site feature or activity). Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, agreements, agreements, agreements, agreements ,agreements assignments and waivers made by you with respect to Submissions submitted by you to us.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the Registration Data). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any Imagination International Corporation Site (or any portion thereof).
You also agree (a) to promptly notify us at info@imaginationgames.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Imagination International Corporation Site. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Public Forum means an area, site or feature offered as part of any Imagination International Corporation Site that enables users or visitors of any Imagination International Corporation Site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Imagination International Corporation Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function (including, but not limited to, electronic greeting cards and send-a-friend e-mails).
You acknowledge that anything you submit to an Imagination International Corporation Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content. Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable the Public Forum, as applicable.
The following is a list of House Rules applicable to the Imagination International Corporation Sites. By using the Imagination International Corporation Sites, you agree that: