IMAGICOMM ENTERTAINMENNT TERMS AND CONDITIONS
This TERMS & CONDITIONS (the "Agreement”) is between you and Imagicomm Entertainment, LLC (“Imagicomm Entertainment”), with a principal place of business at 3000 WorldReach Drive, Indian Land, South Carolina 29707, USA. The Agreement covers the Web site located at the URL www.imagicommentertainment.com and https://clients.imagicommentertainment.com/ (collectively, the "Site”). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS & CONDITIONS. IF YOU DOES NOT AGREE TO THESE TERMS & CONDITIONS, YOU SHOULD NOT USE THIS SITE. Unauthorized individuals attempting to access this Site may be subject to prosecution.
- License Grant.
The Site is provided by Imagicomm Entertainment, and this Agreement provides to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any programs, services, tools, materials, or information made available through or from the Site conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits you to use and access the Site for business purposes only.
- You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Imagicomm Entertainment's express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Site. Any conduct by you that in Imagicomm Entertainment's discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
- The Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Site are copyrighted under the United States copyright laws. You expressly acknowledge and agree that Imagicomm Entertainment transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. You may not modify, publish, transmit, display, distribute, exhibit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Imagicomm Entertainment and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion is allowed (including without limitation, any changes or deletion of author attribution, trademark legend or copyright notice shall be made) and no ownership rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available on the Site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Imagicomm Entertainment's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Imagicomm Entertainment throughout the universe. By submitting material to Imagicomm Entertainment, you automatically grant, or warrant as applicable, that the owner of such material has expressly granted Imagicomm Entertainment the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
- You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other authorized user(s), or any other systems or networks connected to the Site or to any Imagicomm Entertainment server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Imagicomm Entertainment's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message, information, or transmittal you send to Imagicomm Entertainment on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Imagicomm Entertainment and its users.
- The foregoing provisions are for the benefit of Imagicomm Entertainment, its subsidiaries, affiliates and its third party providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- User Obligations.
By downloading, accessing, or using the Site, you represent that you are at least the legal age of majority; and you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. You also agree to keep all of your information current and will contact Imagicomm Entertainment within 30 days of any change to your information. If you provide any false, inaccurate, untrue, or incomplete information or fail to contact Imagicomm Entertainment within 30 days after any change to your information, Imagicomm Entertainment reserves the right to terminate immediately your access to and use of the Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. Without limiting the generality of the foregoing, you agree that it shall not use nor disclose to any other party in a manner not permitted by this Agreement any personally identifiable information, which you receive or which is made available from Imagicomm Entertainment in connection with this Agreement. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Site (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While Imagicomm Entertainment has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Imagicomm Entertainment is not responsible for the security of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to your use of the Site, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Site shall only be available through the sole discretion of Imagicomm Entertainment or pursuant to the terms and conditions of a separate written agreement with Imagicomm Entertainment.
- Other Terms and Conditions.
Additional notices, terms, and conditions may apply to registration, receipt of services, participation in a particular rewards or incentive programs, receipt of information and materials, and/or to other specific portions or features of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by all additional notices, terms, and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. Imagicomm Entertainment's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this Agreement should be construed to alter such terms, conditions, notices, and agreements.
- Registration and User Name Handling Policy.
Registration as an authorized user for access to certain areas of the Site will require that you submit information about you, including without limitation your company’s name and business e-mail address, your name and title, etc. Imagicomm Entertainment, in its sole discretion and at any time, has the right to deny any registration request. Each authorized user may use only one user name and password and, thus, one account. By using the Site, you agree to consider its user name and password as confidential information and to keep its user name and password confidential. You shall have only one authorized user and agree not to use another authorized user's user name and password. You will immediately notify Imagicomm Entertainment if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. You agree to keep all of your information current and will contact Imagicomm Entertainment within 30 days of any change to your information. Imagicomm Entertainment cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Imagicomm Entertainment reserves the right, in its sole discretion, to delete or discontinue (with or without notice) any user account or change (with notice) a user name or password at any time and for any reason.
- Feedback and Submissions.
Imagicomm Entertainment welcomes your feedback and suggestions about Imagicomm Entertainment's products or services or the Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Imagicomm Entertainment, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Imagicomm Entertainment and enable Imagicomm Entertainment to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Imagicomm Entertainment to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waives any claim to the contrary.
- Links to Other Sites.
Imagicomm Entertainment may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Imagicomm Entertainment and are maintained by third parties over which Imagicomm Entertainment exercises no control. Accordingly, Imagicomm Entertainment expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- Third-Party Products/Services.
Imagicomm Entertainment, in its sole discretion, may post the advertisements of third parties on the Site and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Imagicomm Entertainment's licensees. Imagicomm Entertainment makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, or receive programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Site are solely between you and such third party. Accordingly, Imagicomm Entertainment expressly disclaims responsibility and liability for all third-party provided materials, programs, products, merchandise, and services contained on, accessed or received through the Site, and you agree that Imagicomm Entertainment shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.
WHILE IMAGICOMM ENTERTAINMENT ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, DEFECTS OR OTHER INACCURACIES. IMAGICOMM ENTERTAINMENT IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE SITE. MOREOVER, IMAGICOMM ENTERTAINMENT MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON AND THROUGH THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON AND THROUGH THE SITE. IMAGICOMM ENTERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON AND THROUGH THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. IMAGICOMM ENTERTAINMENT ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
- Limitation of Liability.
You expressly absolve and release Imagicomm Entertainment from any claim of harm resulting from a cause beyond Imagicomm Entertainment's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, pandemic or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU AGREE THAT NEITHER IMAGICOMM ENTERTAINMENT, ITS RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS, WEB MASTERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE "RELEASED ENTITIES"), WILL HAVE ANY LIABILITY WHATSOEVER AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING (BUT NOT LIMITED TO) PERSONAL INJURY (INCLUDINGOR DEATH), OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY INFORMATION OR MATERIALS OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY SERVICE OR PROGRAM THAT CANNOT BE AWARDED FOR ANY REASON, INCLUDING WITHOUT LIMITATION ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. YOU AGREE THAT THE RELEASED ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY FOR ANY REASON, INCLUDING WITHOUT LIMITATION ARISING OUT OF ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IMAGICOMM ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless Imagicomm Entertainment, its parents, subsidiaries, and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this Agreement.
- Notice of Security Breach.
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Imagicomm Entertainment, you shall immediately (i) notify Imagicomm Entertainment of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this Agreement at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Imagicomm Entertainment of the results of such investigation, (c) assist Imagicomm Entertainment using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Imagicomm Entertainment as reasonably necessary to enforce Imagicomm Entertainment's rights and to enable Imagicomm Entertainment to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
- Governing Law.
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of North Carolina, U.S.A. as applied to agreements entered into and completely performed in the State of North Carolina. You and Imagicomm Entertainment each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts located in Charlotte, North Carolina for any disputes between us under or arising out of this Agreement. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Imagicomm Entertainment must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Imagicomm Entertainment makes no representation that the Site is appropriate or available for use in other locations outside the State of North Carolina, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Enforcing Security on the Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Imagicomm Entertainment reserves the right to view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. Imagicomm Entertainment will also comply with all court orders involving requests for such information. In addition to the foregoing, Imagicomm Entertainment reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, in order to protect the Site, Imagicomm Entertainment, or Imagicomm Entertainment's business partners and affiliates.
- Term and Termination.
Imagicomm Entertainment reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny you access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other authorized users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Site in its possession. In addition to the miscellaneous section below, the provisions concerning Imagicomm Entertainment's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
- Modification of Agreement.
- Policy Concerning Infringement Claims.
Imagicomm Entertainment will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on the Site or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, Imagicomm Entertainment will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to Imagicomm Entertainment’s designated agent, as set forth below.
Name of agent designated to receive notification of claimed infringement: Jonathan Collins
Full address of designated agent to which notification should be sent:
Imagicomm Entertainment, LLC
Attn: Jonathan Collins, VP of Digital Media Distribution
3000 WorldReach Drive
Indian Land, SC 29707
Telephone number of designated agent: 803-578-1264
Fax number of designated agent: 803-578-1720
Email address of designated agent: firstname.lastname@example.org
- Contacting the Site.
If you have any questions about these Terms & Conditions, the practices of this Site, or your dealings with this Site, you can contact us at email@example.com