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Last
Updated: 11/05/06
Welcome to Imagine-Center.com.
Imagine-Center.com and its affiliates provide their
services to you subject to the following conditions. If
you visit or shop at Imagine-Center.com, you accept
these conditions. Please read them carefully. In
addition, when you use any current or future
Imagine-Center.com service or visit or purchase from any
business affiliated with Imagine-Center.com, whether or
not included in the Imagine-Center.com Web site, you
will also be subject to the guidelines and conditions
applicable to such service or business.
PROPRIETARY NOTICE
All content (including but not
limited to pictures, illustrations, designs of
characters, animations, text, music, programs and data)
on this website is protected by copyright laws, treaties
and other applicable laws of respective countries.
PROHIBITED ACTIVITIES
The following activities are strictly
prohibited:
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Copying, modifying, editing,
uploading, presenting, transmitting, showing,
distributing, selling, reverse-engineering,
reverse-assembling, reverse-compiling and similar
activities to the whole or a part of all the content
on this website without Imagine-Center's permission.
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Causing any disadvantage or damage
to Imagine-Center or others.
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Damaging honor or credit of
Imagine-Center or others.
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Uploading software or program
contaminated with computer virus or others.
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Disturbing public order.
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Criminal acts.
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Any other activities violating
laws, decrees or ordinances.
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Any other activities that
Imagine-Center deems inappropriate.
DISCLAIMERS OF WARRANTIES
Imagine-Center pays utmost care as
for the contents on this website.
However Imagine-Center does not warrant the contents on
this website as for their accuracy, reliability,
usefulness, fitness for particular purpose and etc. Any
information, software, service and etc. on this website
are offered in downloaded condition. As Imagine-Center
shall not be liable for any damage arising out of your
use of this website, use of this website shall be
entirely on your own responsibility. Similarly,
Imagine-Center shall be neither liable for any halt or
defect of this website service, nor for any loss or
damage caused by any halt or defect of the service.
Imagine-Center shall not be liable for any damage
arising out your use of the third parties' websites
linked to or from this website.
APPLICABLE LAWS AND
JURISDICTION
Use of this website and the Terms and
Conditions shall be governed by and construed in
accordance with the laws of Canada unless otherwise
expressly provided. All controversies relating to use of
this website shall be submitted to the Quebec District
Court or Quebec Summary Court as the Court of first
instance unless otherwise expressly provided.
LINKS TO IMAGINE-CENTER
WEBSITE
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Please fill out the form, "LINKS TO
IMAGINE-CENTER WEBSITE," on the
CONTACT US page if
you want to create a link to the Imagine-Center
website. Click here to access the form. Imagine-Center
will only reply if your request is approved.
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If you request to use a banner, you
must use the banner specified by Imagine-Center.
Imagine-Center will send the banner if your request to
link to our website is approved.
You are deemed to agree to the following conditions in
the case you use the banner specified by
Imagine-Center.
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All trademark and intellectual
property rights of the banner shall belong to
IMAGINE-CENTER CORPORATION.
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You shall not transform, change
or modify the banner.
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You shall not assert any rights
to the banner.
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Imagine-Center's approval to use
the banner dose not mean granting any preferential
treatment to you.
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The banner shall be used only for
linking to the Imagine-Center website.
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The banner shall not be
transferred to any third party.
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Content of third party websites
linked to or from the Imagine-Center website is under
the responsibility of each website and not under the
control or responsibility of Imagine-Center. Approval
to set up a link or use a banner does not mean
Imagine-Center is supporting or approving the site and
also does not mean Imagine-Center is assuring of or
responsible for the site and its content.
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The following links, or links which
may produce similar circumstances, will be refused:
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Links from websites that slander
Imagine-Center and interfere with Imagine-Center's
business activities.
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Links from websites that carry
antisocial content (pornographic material, etc.).
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Links from websites that do not
respect intellectual property rights (carrying of
images, characters, sound files, etc. without
permission or carrying content to encourage illegal
copying of software).
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Links from websites that create
the misconception that it has an association or
relations with Imagine-Center, or create a
misconception that Imagine-Center recognizes or
supports the website.
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Links from websites that show as
if the Imagine-Center website is a part of its own
site by using frames.
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Links from websites that carry
content Imagine-Center judges unacceptable.
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Regardless of the reason, you shall
immediately suspend the link and use of the banner if
you are not able to, or have no will to abide by the
terms and conditions of use.
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Even after approving the link,
Imagine-Center reserves the right to request for its
deletion if the website is later judged as
unacceptable.
SUBMISSION OF SUGGESTIONS AND
IDEAS
In order to avoid any possible future
confusion between proposals from third parties and our
own proposals, and unless we have advertised for
suggestions and ideas on our website, it is our company
policy not to accept any proposals concerning our
products and/or services from third parties.
In the event that you submit a
proposal, such proposals will be treated with the
assumption that you have agreed to the following terms:
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Imagine-Center has no obligation to
maintain confidentiality regarding the proposal.
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Imagine-Center has no obligation to
examine, evaluate or adopt the proposal.
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If any Imagine-Center Group company
announces or releases services or products which are
partly or completely the same as or similar to
suggestions made or ideas submitted by you to us,
Imagine-Center and its Group companies shall be under
no obligation nor be liable to make any compensation
to you.
COOKIES
There are cases that this website
uses Cookies for the convenience of repeated use of the
website. You can refuse receiving Cookies by changing
setting of your browser but as a result, you might not
be able to utilize full function of this website. Refer
to each software maker how to change setting of browser.
PRIVACY
Please review our Privacy Notice,
which also governs your visit to Imagine-Center.com to
understand our practices.
ELECTRONIC COMMUNICATIONS
When visiting Imagine-Center.com or
submitting e-mails to us, you are communicating with us
electronically. You consent to receive communications
from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
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 Imagine-Center.com or its
content suppliers and protected by United States and
international copyright laws. The compilation of all
content on this site is the exclusive property of
Imagine-Center.com and protected by U.S. and
international copyright laws. All software used on this
site is the property of Imagine-Center.com or its
software suppliers and protected by United States and
international copyright laws.
TRADEMARKS
Trademarks and other marks indicated
on our site are registered trademarks of
Imagine-Center.com, Inc. or its subsidiaries, in the
United States and other countries. These trademarks and
trade dress may not be used in connection with any
product or service that is not Imagine-Center.com's, in
any manner that is likely to cause confusion among
customers, or in any manner that disparages or
discredits Imagine-Center.com. All other trademarks not
owned by Imagine-Center.com or its subsidiaries 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 Imagine-Center.com or its
subsidiaries.
LICENSE AND SITE ACCESS
Imagine-Center.com 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 Imagine-Center.com. 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
Imagine-Center.com. 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 Imagine-Center.com and our
affiliates without express written consent. You may not
use any meta tags or any other "hidden text" utilizing
Imagine-Center.com' name or trademarks without the
express written consent of Imagine-Center.com. Any
unauthorized use terminates the permission or license
granted by Imagine-Center.com. You are granted a
limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Imagine-Center.com so long
as the link does not portray Imagine-Center.com, its
affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter.
You may not use any Imagine-Center.com 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.
Imagine-Center.com 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
Imagine-Center.com only with involvement of a parent or
guardian. Imagine-Center.com 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 post reviews, comments,
and other content; send e-cards and other
communications; and submit suggestions, ideas, comments,
questions, or other information, 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 a card or other content.
Imagine-Center.com reserves the right (but not the
obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant
Imagine-Center.com 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 Imagine-Center.com 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 Imagine-Center.com or its affiliates for
all claims resulting from content you supply.
Imagine-Center.com takes no responsibility and assumes
no liability for any content posted by you or any third
party.
COPYRIGHT COMPLAINTS
Imagine-Center.com and its affiliates
respect the intellectual property of others. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please submit a
written notification to:
Imagine-Center Digital Entertainment,
Inc.
Attn: Legal Department
Canada - Quebec 175 Troisieme Avenue Quebec,
G1L 2V3
RISK OF LOSS
All items purchased from
Imagine-Center.com 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
Imagine-Center.com and its affiliates
attempt to be as accurate as possible. However,
Imagine-Center.com does not warrant that product
descriptions or other content of this site is accurate,
complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY
IMAGINE-CENTER.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. IMAGINE-CENTER.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, IMAGINE-CENTER.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IMAGINE-CENTER.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM IMAGINE-CENTER.COM ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IMAGINE-CENTER.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE 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 Imagine-Center.com, you
agree that the laws of the state of California 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 Imagine-Center.com or its
affiliates.
DISPUTES
Any dispute relating in any way to
your visit to Imagine-Center.com or to products you
purchase through Imagine-Center.com shall be submitted
to confidential arbitration in San Mateo County,
California, except that, to the extent you have in any
manner violated or threatened to violate
Imagine-Center.com' intellectual property rights,
Imagine-Center.com may seek injunctive or other
appropriate relief in any state or federal court in the
state of California, 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 American Arbitration Association. 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
Please review our other policies,
such as our privacy policy, posted on this site. These
policies also govern your visit to Imagine-Center.com.
We reserve the right to make changes to our site,
policies, and these Conditions 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.
PERSONAL INFORMATION
There are cases that this website
asks for personal information such as user's name or
e-mail address to improve and enrich the service.
Imagine-Center uses the collected
personal information only for the purpose of improving
this website service. If any necessity arises to use
personal information beyond the scope of above-mentioned
purpose, Imagine-Center shall notify of the new purpose
prior to use the information. Imagine-Center shall not
use customer's personal information for the new purpose,
if the customer refuses use of personal information for
the new purpose.
In principal, Imagine-Center shall
not provide personal information to the third parties
unless it has been agreed beforehand. However there are
exceptions as follows. The case that information will be
disclosed to the necessary extent to allying, consigning
and affiliating companies with which Imagine-Center has
signed confidential agreements, the case that the
company is requested of disclosure based on the laws and
the case that judiciary or governmental authority
requests to disclose information. Also there might be
the case that personal information will be offered to
the third parties as data, after statistically processed
to prevent identification of individual name.
As speedy as possible reaction shall
be taken when the customer whishes to inquire about or
modify or delete his or her personal information.
OUR ADDRESS
Imagine-Center Digital Entertainment,
Inc.
Canada - Quebec 175 Troisieme Avenue Quebec,
G1L 2V3
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