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Terms and Conditions

Terms and Conditions

TERMS OF USE

Welcome to Imaginism Studios. Imaginism Studios and its affiliates provide their services to you subject to the following conditions hereunder. If you visit or shop at ImaginismStudios.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Imaginism Studios service (e.g. Profiles, Promo Codes, etc.) or visit or purchase from any business affiliated with Imaginism Studios, whether or not included in the ImaginismStudios.com website, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control:

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Imaginism Studios or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Imaginism Studios and protected by Canadian and international copyright laws. All software used on this site is the property of Imaginism Studios or its software suppliers and protected by Canadian and international copyright laws.

 

 

TRADEMARKS

IMAGINISM STUDIOS, IMAGINSIMSTUDIOS.COM, SCHOOLISM, SCHOOLISM.COM and all other Imaginism Studios graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Imaginism Studios Inc. or its affiliates in Canada and/or other countries. Imaginism Studios' trademarks and trade dress may not be used in connection with any product or service that is not Imaginism Studios', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Imaginism Studios. All other trademarks not owned by Imaginism Studios or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imaginism Studios or its affiliates.

 

LICENSE AND SITE ACCESS

Imaginism Studios grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Imaginism Studios. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Imaginism Studios. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Imaginism Studios and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Imaginism Studios' name or trademarks without the express written consent of Imaginism Studios. Any unauthorized use terminates the permission or license granted by Imaginism Studios. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Imaginism Studios so long as the link does not portray Imaginism Studios, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Imaginism Studios logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Imaginism Studios does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Imaginism Studios only with involvement of a parent or guardian. Imaginism Studios and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information where applicable, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of contributed content. Imaginism Studios reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Imaginism Studios and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Imaginism Studios and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Imaginism Studios or its affiliates for all claims resulting from content you supply. Imaginism Studios has the right but not the obligation to monitor and edit or remove any activity or content. Imaginism Studios takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

All items purchased from Imaginism Studios are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Imaginism Studios and its affiliates attempt to be as accurate as possible. However, Imaginism Studios does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Imaginism Studios itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, there is the possibility that the price or availability of items in our catalogue may be misstated. In the case of any such discrepancy, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Imaginism Studios. Imaginism Studios accepts no responsibility arising from misstated pricing, availability, etc. of Imaginism Studios merchandise sold by third-party merchants.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY IMAGINISM STUDIOS OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IMAGINISM STUDIOS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IMAGINISM STUDIOS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMAGINISM STUDIOS AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM IMAGINISM STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMAGINISM STUDIOS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

By visiting Imaginism Studios, you agree that the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Imaginism Studios or its affiliates.

 

DISPUTES

Any dispute relating in any way to your visit to Imaginism Studios or to products you purchase through Imaginism Studios shall be submitted to confidential arbitration in Toronto, Ontario, except that, to the extent you have in any manner violated or threatened to violate Imaginism Studios' intellectual property rights, Imaginism Studios may seek injunctive or other appropriate relief in any provincial or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration and Mediation Institute of Canada. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

COPYRIGHT COMPLAINTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Imaginism Studios' copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Imaginism Studios and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Imaginism Studios' Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Imaginism Studios Legal Dept.
42 Patina Dr.
North York, ON M2H 1R1
Canada