PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR REGISTER AS A SITE REGISTRANT. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE, AND PLEASE DO NOT REGISTER AS A SITE REGISTRANT.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on Imagine Gift Store, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively sign up as a Registered User, during the submission process (and from time to time as we may require) you will be prompted to click an 'I Accept' button, which further confirms your agreement to be legally bound by these Terms.
2. Components Of Our Website; Protecting Your Password
Our Website is divided into two, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the 'General Site'); and (ii) those areas that are available only to our Site Registrants (the 'Registration-Only Areas').
In our Registration-Only Areas, we may require you to access them with a password. Please keep in mind that we will treat as 'you' anyone who uses your password to access the Registration-Only Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might 'pretend' to be you with respect to the services and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights
3.1 Access Rights. You are granted the right to access the Website for purposes of (i) learning more about our products and services; (ii) requesting our information, products and services; and (iii) exchanging information via Registration-Only Areas, in accordance with the functionality provided by the Site (collectively, 'Permitted Purposes'). You agree and acknowledge that you are prohibited from using the Website or Site Content for anything other than Permitted Purposes.
3.2 Additional Rights. In addition, you are granted the right to print out a reasonable number of pages from our Website, and circulate to interested parties a copy of these pages, provided that (a) you use - and ensure others with whom you share copies use - the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website.
3.3 Restrictions on Use Purposes. Apart from your express rights under Section 3.1(Access Rights) and Section
3.2 (Additional Rights), you may not use, copy, modify, distribute, or access our Website, or any Site Content that we have made available on the Site.
4. Imagine Gift Store Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, except for the Submitted Content we license from you under Section 8 (Submitted Content), (collectively, 'Site Content'), including all associated intellectual property rights, are the property of Imagine Gift Store and its licensors, and are protected by copyright and other intellectual property laws. Imagine Gift Store uses this Site Content based on its ownership, on licenses from third parties, and on principles of 'fair use.' As between the parties, Imagine Gift Store retains all rights with respect to the Website and Site Content except those expressly granted to you in Section 3 (Grant of Rights), above.
5. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively 'Linked Sites', or 'Links'). Imagine Gift Store has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Imagine Gift Store does not endorse the content of any Linked Site, nor does Imagine Gift Store warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
- Seek to obtain access to any materials, information or Site Content through 'hacking' or through other means we have not intentionally made available to you through the Website.
- Pretend or falsely claim to be authorized to act on behalf of a third party.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, unlawfully harassing, or infringing.
- 'Scrape,' 'harvest,' or otherwise employ automated tools to collect Site Content from the Website, beyond the permissions granted in Section 3 (Grant of Rights).
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Submitted Content
8.1 User Content.
If you post User Content to our Website, by electronic mail or otherwise, we will treat the Content as non-confidential and nonproprietary to you. By posting User Content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the Content, without compensation to you and for so long as we deem warranted (collectively, 'Use Rights'). Moreover, in posting this User Content to our Website, you warrant that you have sufficient authority and right to post the Content, and provide these Use Rights.
8.2 Personal Information.
9. Warranty Disclaimer
Imagine Gift Store does not promise that the Website, including any Registration-Only Areas, will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an 'AS IS' and 'AS AVAILABLE' basis. Imagine Gift Store does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. Imagine Gift Store DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE with respect to the functionality or availability of the site. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL Imagine Gift Store BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR USE OF THE GENERAL SITE, OR (II) YOUR USE OF A PASSWORD-PROTECTED AREA.
You agree to defend, indemnify, and hold Imagine Gift Store and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
Imagine Gift Store respects the intellectual property rights of others and requires that its users do the same. If you believe that any Site Content available on the Imagine Gift Store Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a 'Work'), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the 'DMCA') to respond to such concerns, as follows:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
13. Additional Terms for Certain Services or Sites
Certain Registration-Only Areas or other services may be subject to additional or different terms and conditions. We will notify you if the Site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Sites or services, if you do not agree with the differing terms and conditions.
14. Modifications to These Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. Imagine Gift Store reserves the right to assign its rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of the state without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in Rhode Island, in the judicial district that includes Rhode Island. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Imagine Gift Store's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Imagine Gift Store and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17.1 Contact Information. The term 'Contact Information' means the information you provide to us over the Site that would allow us (or others) to identify and contact you, consisting of your name, mailing address, telephone number, email address, and other contact information.
17.2 ' Personal Information' means the information you provide to us over the Site that could reasonably be used to identify you, including your Contact Information and Government-Issued Identification Information (such as a Social Security Number or United States passport number).
17.5 'User' or 'user' means either a Site Visitor or a Site Registrant as the case may be.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (Imagine Gift Store Ownership; Reservation of Rights)
Section 8 (Submitted Content) (with respect to Use Rights)
Section 9 (Warranty Disclaimer)
Section 10 (Limitation of Liability)
Section 11 (Indemnity)
Section 15 (Assignment)
Section 16 (General)
Section 18 (Survival)
19. Effective Date
The effective date of these Terms is November 3rd, 2023
21. Contact Us