Terms & Conditions

1.1 Service Description
Imaginarium is the owner and provider of a cloud-based software designed for [describe target users or purpose, e.g., “writers and creative teams”]. The service offered by Imaginarium (“the Service”) includes, but is not limited to, [briefly describe key features of your service]. Any content or data that the Customer (including Users) posts, uploads, shares, stores, or otherwise provides through the Service is considered a “User Submission.” The Customer is solely responsible for all User Submissions it contributes to the Service. Further details regarding User Submissions, including issues of ownership and rights, are outlined in Section [specify section number]. The Service may also include various resources such as templates, help documents, and other materials to assist the Customer in utilizing the Service (“Imaginarium Content”). Customers will not have access to the underlying code or software of the Service (“Software”) nor receive a copy of the Software itself.

1.2 Customer’s Subscription
Subject to the terms of this Agreement, the Customer may purchase a subscription to, and has the right to access and use, the Service as specified in one or more ordering screens or agreements (“Order(s)”) made through Imaginarium’s website or sales channels that reference this Agreement. These Orders will detail the specific business terms related to the Customer’s subscription, including the duration of the subscription period (“Subscription Period”). The use of and access to the Service is permitted exclusively to individuals authorized by the Customer, and solely for the Customer’s internal business purposes, not for the benefit of any third party.

1.3 Imaginarium’s Ownership
Imaginarium retains full ownership of the Service, including the Software, Imaginarium Labs Content, any documentation provided, and all other materials supplied by Imaginarium to the Customer (collectively, “Imaginarium Materials”). This includes all rights, title, and interest in and to the Imaginarium Materials, encompassing but not limited to all patent, copyright, trademark, trade secret, and other intellectual property rights. All related and underlying technology, along with any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes to the foregoing, as well as all derivative works or modifications, are also owned by Imaginarium. There are no implied licenses under this Agreement, and any rights not expressly granted to the Customer are reserved by Imaginarium.

1.4 Permissions
The Service includes customizable settings that allow each User to grant permissions to other Users to perform various tasks within the Service (“Permissions”). It is the sole responsibility of the Customer to set and manage all Permissions, including determining which Users can establish such Permissions. Imaginarium will not be responsible for managing Permissions and will not be liable for any issues arising from the Permissions set by the Customer and its Users. The Customer may provide access to the Service and its Documentation to its Affiliates, under the condition that all rights granted and obligations incurred under this Agreement will extend to such Affiliates. The Customer represents and warrants that it is fully responsible for any breach of this Agreement by its Affiliates and has the authority to negotiate and bind its Affiliates to this Agreement. The Customer will also be responsible for all payment obligations under this Agreement, irrespective of whether the Service is used by the Customer or its Affiliates. Any claims against Imaginarium by an Affiliate must be brought by the Customer and not the Affiliate. For the purposes of this Agreement, an “Affiliate” of a party is defined as any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where “control” refers to the ownership or control, directly or indirectly, of more than fifty percent (50%) of the voting power of the shares or other securities entitled to vote for the election of directors or other governing authority.

Visiting the Imaginarium website or app or sending emails to the Imaginarium Lab constitutes electronic communication. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that [Your Company Name] is not responsible for third-party access to your account that results from theft or misappropriation of your account. Imaginarium Labs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Imaginarium Labs does not knowingly collect personal information from persons under the age of thirteen, either online or offline. If you are under 18, you may use the Service and/or the website only with the permission of a parent or guardian.

You will pay for access to and use of the Service as set forth in the applicable Order. All Fees are non-cancellable and, except as expressly stated in this Agreement, non-refundable. Imaginarium Labs may modify its Fees or introduce new fees at its sole discretion. You always have the right to choose not to renew your subscription if you do not agree with any new or revised Fees.

The Imaginarium website or the app may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Imaginarium Labs, and Imaginarium Labs is not responsible for any Linked Site’s contents, including any link contained in a Linked Site or any changes or updates to a Linked Site. Imaginarium Labs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Imaginarium Labs or any association with its operators.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Imaginarium website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Imaginarium Labs that you will not use the Site or app for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or App in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Imaginarium Labs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Imaginarium Labs has no obligation to monitor the Communication Services. However, Imaginarium Labs reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Imaginarium Labs reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Imaginarium Labs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Imaginarium Labs’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Imaginarium Labs does not control or endorse the content, messages or information found in any Communication Service; therefore, Imaginarium Labs specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Imaginarium Labs spokespersons and their views do not necessarily reflect those of Imaginarium Labs.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Imaginarium Labs does not claim ownership of the materials you provide to Imaginarium Labs (including feedback and suggestions) or post, upload, input or submit to any Imaginarium Labs Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Imaginarium Labs, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. Imaginarium Labs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Imaginarium Labs’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The Service is controlled, operated, and administered by Imaginarium Labs from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Imaginarium Labs Content in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

You agree to indemnify, defend and hold harmless Imaginarium Labs, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Imaginarium Labs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Imaginarium Labs in asserting any available defenses.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMAGINARIUM LABS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

IMAGINARIUM LABS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IMAGINARIUM LABS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMAGINARIUM LABS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMAGINARIUM LABS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF 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 TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Imaginarium reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Imaginarium Labs as a result of this agreement or use of the Site. Imaginarium Labs’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Imaginarium Labs’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Imaginarium Labs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Imaginarium Labs with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Imaginarium Labs with respect to the Site or Imaginarium app. A printed version of this agreement and of any 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. It is the express wish of the parties that this agreement and all related documents be written in English.

Imaginarium reserves the right, in its sole discretion, to change the Terms under which Imaginarium website and/or app is offered. The most current version of the Terms will supersede all previous versions. Imaginarium encourages you to review the Terms periodically to stay informed of our updates.