Imaginis.com® Site Agreement: Terms, Conditions and Disclaimer
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ImaginisÂ® Corporation ("Imaginis.comÂ®," "Imaginis.orgÂ®") provides complimentary Internet-based communications and information services to the consumer. By using this site, you signify your agreement to these Terms and Conditions of use. You must agree to these Terms and Conditions in order to use the Imaginis.comÂ® website. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, do not use this site!
Imaginis.comÂ® may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the Imaginis.comÂ® Website because your continued usage of the Imaginis.comÂ® website ("Imaginis.comÂ® Site," or the "Site,") will mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice.
THE CONTENT ON THE IMAGINIS.COMÂ® SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH IMAGINIS.COMÂ® OR THE IMAGINIS.COMÂ® SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE IMAGINIS.COMÂ® SITE!
Imaginis.comÂ® does not recommend or endorse any specific test, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. Imaginis.comÂ® does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by Imaginis.com, its Health Experts, or other visitors to the Site is solely at your own risk. Imaginis.comÂ® assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Imaginis.comÂ® reserves the right to change or discontinue at any time any aspect or feature of this Site.
You understand further that the Internet contains unedited materials some of which are sexually explicit and may be offensive to you. You access this material at your own risk. Imaginis.comÂ®, its licensors and its suppliers have no control over and accept no responsibility whatsoever for such materials.
Section 2. Imaginis.comÂ®'s Position on Your Privacy.
a. General.Imaginis.comÂ® recognizes the premium you place on privacy protection on the Internet. Our employees share the same concerns! Working together, we strive to protect your privacy, including the non-identifying information you share in the personal profile that you must complete in order to become a participating member ("Member") within the Interactive Areas of this Site. Any information collected by our website, such as email address, will never be passed on to any third party, unless required by law.
Imaginis.comÂ® subscribes to the Health on the Net Foundation Code of Conduct for medical and health web sites. To learn more click here: (http://www.hon.ch/Conduct.html).
Imaginis.comÂ® does not collect personally identifiable information about Members or other Imaginis.com users ("Users") except when such individuals specifically provide such information on a voluntary basis. A Member's or User's access to and use of the Imaginis.comÂ® Site or services constitutes information voluntarily given by the Member or User.
b. Use of Registration Information. Personally identifiable information of individual Members and Users will not be sold or otherwise transferred to unaffiliated third parties without the Member's or User's prior consent. Imaginis.comÂ® stores the Internet Protocol (IP) address of your computer when you visit our site. This information is only used to create broad demographic summaries of where our Members and Users come from: for example, we know what percentage of Members or Users come from Europe or Africa, but our use of the IP addresses does not include identifying who those users actually are. However, Imaginis.com may use registration information and other voluntarily submitted information in the following ways:
- To provide our editors with information that is useful in developing new features and services for Imaginis.com Members and Users;
- To provide advertisers with aggregate - never individual - information about our Member base and User usage patterns; and
- To allow us to potentially vary advertising based on Member and User preference.
It is not possible for a Member or User to delete his or her profile from our database, nor is it feasible to delete all traces of a Member's or User's activity in the system. Messages posted to any boards are examples of user activities that are not feasible to delete. However, we do offer you the opportunity to request deletion of your email address-the only individually identifiable piece of information about your account - from Imaginis.com's database.
Imaginis.comÂ® may send email updates to Members. If you wish to have your email address deleted from our database, email us at [email protected] and specify your email address and concerns in the body of your email.
c. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, Chat Rooms, and other Interactive Areas (collectively referred to as "Interactive Areas"). Subscribers and Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards or chat areas of Imaginis.com, that information, along with any substantive information disclosed in the Subscriber's or User's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Imaginis.comÂ®. Imaginis.comÂ® makes no warranties about the discoverability of members' identity by methods beyond our control.
Section 3. Use of Content; Copyright.
Upon acceptance of these Terms and
Conditions, Imaginis.comÂ® authorizes you to view or download a single copy of the material
on this website solely for your personal, noncommercial use. Special rules may apply to
the use of certain software and other items provided on the Imaginis.comÂ® Site. Any such
special rules are listed as "Legal Notices" on the Imaginis.comÂ® Site and are
incorporated into these Terms and Conditions by reference.
The contents of the Imaginis.comÂ® Site, such as text, graphics, images and other material including software licensed by Imaginis.comÂ® to permit Users to access the Imaginis.comÂ® Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Imaginis.comÂ®, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:
Copyright Â© 1997- 2011 ImaginisÂ®
Corporation All rights reserved.
For information obtained from ImaginisÂ® Corporations licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Imaginis.comÂ®. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 4. Company's Liability;
Disclaimer of Consequential Damages.
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Imaginis.comÂ® makes no representations about the results to be obtained from using the Imaginis.comÂ® Site or the Content. The use of the Imaginis.comÂ® Site and the Content is at your own risk.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE IMAGINIS.COM SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF IMAGINIS.COM AND ITS SUPPLIERS. ACCORDINGLY, IMAGINIS.COMÂ® ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE IMAGINIS.COMÂ® SITE.
THE IMAGINIS.COMÂ® SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IMAGINIS.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IMAGINISÂ® CORPORATION, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE IMAGINIS.COMÂ® SITE OR IMAGINISÂ® CORPORATION. IMAGINISÂ® CORPORATION, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE IMAGINIS.COMÂ® SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT SHALL IMAGINIS CORPORATION, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE IMAGINIS.COMÂ® SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE IMAGINIS.COMÂ® SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMAGINIS.COMÂ® IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMAGINIS.COMÂ® SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1000.00 (ONE THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Section 5. User Submissions.
Except as described herein, any communication which you post on the Imaginis.comÂ® Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such Content has expressly granted --ImaginisÂ® Corporation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas.
Imaginis.comÂ® may provide Interactive Areas on the Imaginis.comÂ® Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. ImaginisÂ® Corporation does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Imaginis.comÂ® Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
- Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Member or any other person or entity as determined by Imaginis.com at its sole discretion pursuant to this Section 12;
- Post advertisements or solicitations of business;
- After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Allow any other person or entity to use your identification to post or view comments
- Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Imaginis.comÂ®, exposes Imaginis.comÂ® or any of its customers or suppliers to any liability or detriment of any type.
Imaginis.comÂ® reserves the right to
record the dialogue in public chat rooms. Imaginis.comÂ® does not screen communications in
advance and is not responsible for screening or monitoring material posted by Members or
any other person or entity. If notified by a Member of communication(s) which are alleged
not to conform to the terms of this Section, Imaginis.comÂ® may investigate the allegation
and determine in its sole discretion to remove or request the removal of the
communication(s). Imaginis.comÂ® reserves the right to remove communications which are
abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and
Conditions In addition to the removal rights described above, Imaginis.comÂ® reserves the
right to terminate a Member's access to any or all Interactive Area upon Member's breach
of these Terms and Conditions. Imaginis.comÂ® reserves the right (but is not obligated) to
edit or delete any communication(s) posted on the Imaginis.com Site, regardless of whether
such communication(s) violate these standards for content.
Furthermore, Imaginis.comÂ® reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of Imaginis.comÂ®, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Imaginis.comÂ® or others; or (iii) act in an emergency to protect the personal safety of our guests or the public.
IMAGINIS.COMÂ® HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Imaginis.comÂ® does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Imaginis.comÂ®
Site's Interactive Areas, you are agreeing to all of the aforementioned Terms and
Conditions for the use of such Interactive Areas contained herein.
Section 7. Links to Other Sites.
The Imaginis.comÂ® Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Imaginis.comÂ® of the content on such third-party websites. Imaginis.comÂ® is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third- party websites is subject to the Terms and Conditions of use for such sites.
Section 8. Advertisements.
The Imaginis.comÂ® Site contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Imaginis.comÂ® does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Imaginis.comÂ® Site.
Section 9. Indemnity.
You agree to defend, indemnify and hold Imaginis Corporation, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Imaginis.comÂ® shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 10. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).
Section 11. General.
ImaginisÂ® Corporation is based in Durham, North Carolina, in the United States of America. Imaginis.com makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Imaginis.comÂ® Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with ImaginisÂ® Corporation, or in any way relating to your membership or use of Imaginis.comÂ®, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving Imaginis.comÂ® or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having 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. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 13. Rules and Regulations
Imaginis Corporation may impose reasonable rules and regulations regarding the use of its services from time to time to the extent necessary to ensure compliance.
Minors should be supervised when using the Internet. Adults as well as minors should be aware of what is on the Internet and to have the concept of what is accepted and what should be avoided. In addition to the terms in Section 6, THE FOLLOWING ARE UNACCEPTABLE USES OF THE IMAGINIS.COM WEBSITE:
- Abuse of system and network resources: Including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than your own account; or resale of access to CGI scripts installed on our servers.
- Improper Conduct: Including but not limited to posting defamatory, scandalous or private information about an individual without his or her consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
- Illegality: In any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
- Abuse of the Internet: Including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. ImaginisÂ® Corporation reserves the right to determine what constitutes net abuse.
Section 14. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE IMAGINIS.COM SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND IMAGINISÂ® CORPORATION WITH RESPECT TO THE USE OF THE IMAGINIS.COMÂ® SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for your cooperation with these Terms and Conditions. We hope you find the Imaginis.comÂ® Site helpful and convenient to use! Questions or comments regarding this Site should be directed by electronic mail to [email protected]
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Updated: January 3, 2010