Last Modified: November 22, 2018
We may modify this Agreement from time to time. We will post any changes we make to this Agreement on this page. If we make material changes to this Agreement, we will notify you through a notice on the Website’s home page. We reserve the right to make the revised or changed notice effective for information we already have about you as well as any information we receive in the future. The date this Agreement was last modified is identified at the top of the page. You should check this page every time you use the Site to take notice of any changes we made, as they are binding on you. All material changes shall apply prospectively only. By continuing to use the Site following the posting of changes to this Agreement, you accept those changes.
Reliance on Content Posted
You understand and acknowledge that the content presented on or through the Site is made available solely for general information purposes. We do not guarantee or warrant the accuracy, completeness, reliability, or usefulness of this content. You assume all risk for any reliance you place on such content. You shall not hold us responsible or liable for any reliance placed on such content by you or any other visitor to the Site, or by anyone who may be informed of any of its content.
Restrictions on Use
Limited Right to Use. You may use the content and software on the Site as an information resource. The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for your sole personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not modify any of the information contained on the Site and may not remove any copyright, trademark, or other proprietary notices related to such content. The license granted under this section does not extend to any content owned by third parties and our licensors. Any use of the Site not described herein is strictly prohibited.
Monitoring. We may not undertake a review of all material before it is posted on the Site. We do not represent or warrant that prompt removal of objectionable material after it has been posted will occur. We are not responsible or liable for any action or inaction regarding transmissions, communications, or content provided by any other user or third-party.
Communication Rules & Guidelines
As a user of the Site, you may have the opportunity to post or transmit content and communication. You are solely responsible for any content you post on the Site or transmit to other users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other users, communicate any content (including links to content), or otherwise engage in any activity on the Site that:
Contains photographs or images of another person, unless you are that person’s parent or legal guardian;
Contains others’ copyrighted content unless you have written permission from the copyright owner;
Contains or discloses another person’s personal information without his or her written permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
Implies that the content is in any way endorsed or sponsored by the Company;
Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
Is intended to harass, annoy, threaten, or intimidate any other users of the Site;
Is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling, or other similar activities;
contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components, or devices);
is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
uses scripts, bots, or other automated technology to access the Site; or
otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
Content Removal. We may, but we have no obligation to, monitor content submitted on the Site, including profiles, reviews, posts, comments, or other user content. We may remove any such information, and material that in our sole discretion either (i) violates, or may violate, any applicable law or either the letter or spirit of this Agreement, (ii) might be offensive, illegal or that might violate the rights, harm or threaten the safety of users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of the Company.
Our Right to Use Your User Content. By posting content to the Site, you grant, and you represent and warrant that you have the right to grant, to the Company , its affiliated parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Intellectual Property Rights
Ownership by Company. You understand and acknowledge that: (i) the Site and its content are owned by the Company, its affiliates, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws; (ii) the Company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates; (iii) all other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners; and (iv) no right, title, or interest in or to the Site or any content on the Site is transferred to you. You shall not use such marks and other content without the prior written consent of the Company or their respective owners. We reserve all rights not expressly granted herein.
Restrictions on Use of Site Content. You may use the Site for your personal or non-commercial use. You shall not:
Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Site, except to: (a) store copies of such content temporarily in Random Access Memory (RAM); (b) store files that are automatically cached by your web browser for display enhancement purposes; or (c) print a reasonable number of pages of the Site for a permitted use.
Modify copies of any content from the Site.
Use any illustrations, photographs, video, audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from the Site.
Reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or its content.
Request for Permitted Use. If you wish to make any use of content on the Site other than that set out in this section, please address your request to:
Address: Imagine This, LLC
P.O. Box 224 Monroe, OH 45050
We may, in our sole discretion, choose to grant your request or not.
Unauthorized Use. If you print, copy, modify, download, or otherwise use any part of the Site in breach of this Agreement: (i) we may terminate your right to use the Site immediately; and (ii) you must, at our sole discretion, return or destroy any copies of the content you have made. You understand and acknowledge that any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Infringement of Your Intellectual Property
Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been used in a manner that constitutes copyright infringement and is accessible on this Site, please contact us and also notify our designated agent (“DMCA Agent”), as set forth in the Digital Millennium Copyright Act of 1998 (17 U.S.C. §512), (may be referred to hereunder as the “DMCA”). Our designated DMCA Agent is Tyrone Gore, located at P.O. Box 224 Monroe OH 45050 and can be contact via email at firstname.lastname@example.org.
You understand and acknowledge that: (i) other users or third-parties may also submit DMCA notices in regards to your own user contributions; and (ii) we must respond promptly by removing the allegedly infringing material from the Site. We may contact the user from which any allegedly infringing user contributions originated about your DMCA notice. For your notice to be effective under the DMCA, you, or a person authorized to act on your behalf, must provide to our DMCA Agent substantially the following information in writing:
A physical or electronic signature of a person authorized to act on your behalf.
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.
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 us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Digital Millennium Rights Act Counter-Notice. If you believe that any content or any user contribution posted on the Site was mistakenly removed, you may file a counter-notice under the DMCA. You understand and acknowledge that: (i) other users or third-parties may also submit DMCA counter-notices in regards to your own DMCA notice; and (ii) we must respond promptly by replacing the removed material not less than ten (10), nor more than fourteen (14) business days following receipt, unless you submit notice to our DMCA Agent that you have filed an action seeking a court order to restrain the allegedly infringing activity. We may contact the user or third-party from which the DMCA notice originated about your DMCA counter-notice. For your counter-notice to be effective under the DMCA, you, or a person authorized to act on your behalf, must provide to our DMCA Agent substantially the following information in writing:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the party who provided notification under subsection (c)(1)(C) or an agent of such party.
False Claims. We do not tolerate false claims of infringement. You understand and acknowledge that the DMCA makes complaining parties liable for materially misrepresenting in a notice or counter-notice that content or user contributions are infringing an exclusive right or were removed by mistake.
Information About You and Your Visits to the Site
You understand and acknowledge that: (i) all information we collect on this Site is subject to our Policy; and (ii) by using the Site, you consent to all actions taken by us with respect to your information in compliance with the Policy. You represent and warrant that all data provided by you is accurate.
Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website to the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site and access these third-party websites, YOU DO SO AT YOUR OWN RISK.
Disclaimer of Warranties
The Company and its affiliates do not guarantee or warrant, expressly or impliedly: (i) the completeness, security, reliability, quality, accuracy, or availability of the Site or its content; (ii) that the Site or its content are free of viruses or other destructive code; or (iii) that the Site or its content shall otherwise meet your needs or expectations. The Company disclaims all warranties of any kind, either express or implied, statutory or otherwise, including without limitation, to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing shall not affect any warranties which cannot be excluded or limited under applicable law.
Assumption of Risk
You assume all risk associated with your use of the Site and its content. You must implement sufficient procedures and checkpoints to satisfy your particular requirements for: (i) anti-virus protection; (ii) accuracy of data input and output; and (iii) maintaining a means external to our Site for any reconstruction of any lost data.
You agree to release, indemnify, defend, and hold us and our members, attorneys, employees, agents, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Policy, or your use of the Site.
Disclaimer and Limitation of Liability
THE INFORMATION AND PRODUCTS AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE, THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY PRODUCTS SOLD THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site, the products, and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation, or guarantee not expressly stated in this Agreement.
Visitors from Outside of the United States
This Agreement complies with the laws of the United States of America, and we make no representation or warranty that this Agreement complies with any respective international country’s laws, rules, or regulations.
Governing Law; Venue
Without regard to its choice or conflict of law principles, Ohio law governs all matters with respect to this Agreement. You and the Company submit to the exclusive jurisdiction of the Ohio state courts in Hamilton County, Ohio or federal courts in the Southern District of Ohio for any and all actions or proceedings arising out of or relating to this Agreement, with the exception that we may bring any action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You must waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
You must commence any cause of action or claim you may have arising out of or relating to this Agreement or the Site or its content within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred and waived.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall not be terminated but shall be modified to the maximum extent enforceable by law. If a provision cannot be modified to a satisfactory degree in the judgment of such court, the remainder of this Agreement shall continue in full force and effect.
This Agreement and our Policy constitute the sole and entire agreement between you and Imagine This, LLC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.