You agree to the terms and conditions
to this Web site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content and computer programs provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to each use of the Site.
You agree to indemnify, defend
and hold Imago Studios and their respective directors, officers, shareholders,
employees, agents, attorneys, merchants, and affiliates (collectively,
"Our Affiliated Parties") harmless from any liability, loss, claim or expense,
including reasonable attorneys' fees, related to your use of the Site or
violation of this Agreement.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by
you of any such matters or any part of the Site, except as allowed under
#12 below, is strictly prohibited. You do not acquire ownership rights
to any content, document or other materials viewed through the Site. The
posting by Imago Studios of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
By enrolling in Imago Studios'
service (the "Service"), you become a Subscriber and agree to be bound
by this Agreement (the "Agreement"). This agreement is subject to change
by Imago Studios at any time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to each use of the Site.
Some or all of the following
fees and charges may be incurred by the Subscriber:
Unless and until this agreement
is cancelled in accordance with the terms hereof, Subscriber hereby authorizes
the "Service" to charge subscriber's credit card (or other approved facility)
to pay for the ongoing cost of membership. Membership may not
be assigned or transferred to any other person or entity. Subscriber must
promptly inform Imago Studios of the following:
Subscription fees - The subscriber
is responsible for paying periodic subscription fees according to the then-current
Subscription fees are
Payment for the appropriate
services may be made by automatic credit card debit. Some 30-Day and 3-Month
Memberships will be automatically renewed for the original term upon expiration. To cancel credit card payment for membership, you must complete and submit
the cancellation form
at least 5 days prior to a membership expiration in order for us to cancel
a renewal on time.
Subscription to the Service
may be terminated at any time, and without cause, by Imago Studios.
termination is requested by a member, subscription fees are NOT refunded.
are liable for charges incurred by them until termination of service.
Subscribers are responsible
for providing all personal computer and communications equipment necessary
to gain access to the Service. Access to and use of the Service is through
a combination of an ID and a password. Each Subscriber must keep his/her
password strictly confidential. Remember your password! For security reasons,
Imago Studios will not release passwords for any reason, except as may
be specifically required by law or court order. Unauthorized access to
the Service is a breach of this Agreement and a violation of law.
If we feel your username and password are being used by other parties,
your membership will be terminated without notice.
Any liability of Imago Studios
including without limitation any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortuous behavior,
negligence, or under any other cause or action, shall be strictly limited
to the amount paid by or on behalf of the subscriber to Imago Studios for
the preceding month, provided subscriber has complied with #9 above.
No warranty is made by Imago
Studios regarding any information, services, or products provided through
or in connection with the Service, and Imago Studios hereby expressly disclaims
any and all warranties, including without limitation: 1) any warranties
as to the availability, accuracy, or content of information, products,
or services; 2) any warranties of merchantability or fitness for a particular
purpose. Some states/provinces do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
The material on the Service
is for the private, non-commercial enjoyment of Subscribers only. Any other
use is prohibited. The viewing, printing or downloading of any content,
video, audio, graphic, form or document from the Site grants you only a
revocable, nonexclusive license for use solely by you for personal, noncommercial
purposes limited to the use as is reasonably required to view and listen
to the content and navigate through the pages and links generally available
to the public using a standard Internet browser and standard media player,
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content, graphic,
form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal, noncommercial use (but not for resale or redistribution).
If Imago Studios should at any
time provide any service which enables Subscribers to communicate with
or otherwise share information with other Subscribers or persons providing
any kind or service to Members, or post information at, in or on the Service,
you agree not to post, submit, publish, display, disseminate, or otherwise
communicate any defamatory, inaccurate, abusive, threatening, offensive,
or illegal material or any material which would violate or infringe the
copyright, trademark, rights of publicity, privacy rights or other rights
of any person while connected to or otherwise directly or indirectly using
the Service or other services provided to you by Imago Studios. Transmission
of such material or any material that violates any federal, state, or local
law in the United States or anywhere else in the world, is strictly prohibited
and shall constitute a material breach of this Agreement entitling Imago
Studios to immediately terminate all rights to access to the Service without
notice or reimbursement. You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate
through the Service even if a claim should arise after termination of service.
If Imago Studios provides any such service described herein, you agree
that all messages and other communications by you shall be deemed to be
readily accessible to all other Subscribers who are authorized to access
the Service and agree that all such messages and other communications shall
not be deemed to be private or secure. Regardless of whether Imago Studios
provides any type of service described herein, you agree that you have
hereby been informed and noticed that any and all messages and other communications
which you submit to Imago Studios directly or through the Service can be
read by the operators and/or other agents of Imago Studios, whether or
not they are the intended recipient(s).
Subscribers agree not to engage
in advertising to, or solicitation of other Subscribers to buy or sell
any products or services through the Service without prior written consent.
Subscribers are responsible for information they send, or display through
the Service even if a claim should arise after termination of service.
With the exception of credit
card processing facilities, there are no facilities provided by the Service
for sending or receiving private or confidential electronic communications.
All messages shall be deemed to be readily accessible to the general public.
Do not use the Service for any communication for which the sender intends
only the sender and the intended recipient(s) to read. Notice is hereby
given that all messages entered into this Service can and may be read by
the operators and/or employees of the Service, whether or not they are
the intended recipient(s).
Notices by Subscribers may be
given by electronic messages or conventional mail, unless otherwise specified
in the Agreement. All questions, complaints, or notices to Imago Studios
by means of electronic message must be sent to:
All questions, complaints, or notices to Imago Studios by means of conventional
mail must be sent to: Imago Studios,10620 Southern Highlands Pkwy, Ste 110-480, Las
Vegas, NV 89141.
The Site may now, or hereafter
from time to time, contain links to third-party Web sites. We do not control,
investigate, monitor or check such Web sites, we are not responsible for
the computer programs available from, content in or opinions expressed
at such Web sites, and we do not investigate, monitor or check. We
provide such third-party links only as a convenience to visitors of the
Site, and the inclusion of a link does not imply approval or endorsement
of the linked site by us. If you decide to leave the Site and access any
third-party Web site, you do so at your own risk.
This Agreement shall be treated
as though it were executed and performed in Las Vegas, Nevada, and shall
be governed by and construed in accordance with the laws of the United
States of America and of the State of Nevada (without regard to conflict
of law principles). Any cause of action by you with respect to the
Site (and/or information, documents and other materials contained therein)
must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the limitations
set forth in #10 above. You expressly submit to the exclusive personal
jurisdiction and venue of the District Courts of Clark County, Nevada,
and the United States District Court for Nevada with respect to all matters
relating to this Agreement or your use of the Site, and consent to extra-territorial
service of process in connection therewith. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
The subscriber hereby warrants
and represents that he or she is over the age of 21 or of legal age in
his or her community and in all respects is qualified and competent to
enter into this agreement.
changes in the subscriber's
email, home or billing address
apparent breaches of security,
such as loss, theft, or unauthorized disclosure or use of an ID or password.
Until Imago Studios is notified by e-mail
of a breach in security, the Subscriber will remain liable for any unauthorized
use of the Service.