TERMS OF USE
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IMPORTANT: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE. THESE TERMS OF USE CONTAIN LIMITATIONS ON THE IMAGINATIONS' LIABILITY AND GENERALLY OUTLINE YOUR LEGAL RIGHTS REGARDING THE SITE.
By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
These terms of use are entered into by and between you and The Imaginations ("The Imaginations," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.theimaginations.com and any website that is accessible from theimaginations.com, including any content, functionality, and services offered on or through the above (the "Site"). When we refer to "you" or "your," we mean the person who is visiting and using the Site. If you are accessing the Site on behalf of or for the purposes of another person, business, or other organization, "you" or "your" also incorporates that other person, business, or other organization if applicable. The Site is not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Site. If you use the Site, you affirm that you are at least 18 years old.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.
For the purposes of these Terms of Use, any problem, claim, or dispute (a "Dispute") shall be interpreted broadly and shall include any dispute, claim, or controversy between you and The Imaginations arising out of or relating to these Terms of Use, your access to or use of the Site, your use of any products or services sold or provided through the Site, or your relationship with us. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of intellectual property. These Terms of Use do not prevent you from bringing a Dispute to the attention of a government agency. It is our goal that we meet your expectations. For any Dispute you may have with or against us, you acknowledge and agree that you will first give us an opportunity to informally resolve your Dispute. We agree that we will do the same as to any Dispute that we might have with you. Before filing any legal proceeding, if either you or us has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute ("Notice"). If you have a Dispute with us, you agree to provide us with the Notice by sending it to us at the address listed below, and if we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any lawsuit or legal action. We and you agree to negotiate in good faith to resolve any Dispute; if the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, either party may commence litigation in accordance with the provisions below.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site or the entire Site. You are responsible for: Making all arrangements necessary for you to have access to the Site Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Site is governed by our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Imaginations, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for you to use the Site for the purposes permitted under these Terms of Use. The Imaginations® and all related names, logos, product and service names, designs, and slogans are trademarks of The Imaginations or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site. This Site may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The owner of the Site is based in India. We provide this Site primarily for use by persons located in India. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside India, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE IMAGINATIONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE IMAGINATIONS, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE IMAGINATIONS AND OUR SUBSIDIARIES AND AFFILIATES TO ANY PARTY EXCEED ₹10,000 (INR). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless The Imaginations, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site.
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the competent courts of [Your City/State], India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by The Imaginations of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Use is held by a court to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
The Imaginations works to make the Site accessible to all individuals including those with disabilities. If you are having difficulty accessing our Site, please contact us using the contact information described below. We will work to provide our products and services to you through alternative means.
The Imaginations may assign these Terms of Use and any of its rights under the Terms of Use, in whole or in part. You may not assign these Terms of Use, in whole or in part nor transfer or sub-license your rights under these Terms of Use to any third party; any attempt by you to do so is void.
The Terms of Use constitute the sole and entire agreement between you and The Imaginations regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have feedback, comments, requests for technical support, and other communications relating to the Site, please contact us:
Email: support@theimaginations.com
Phone: +91 [Your Phone Number]
Mail: The Imaginations
[Your Complete Address]
[City, State, PIN Code]
India
