Terms and Conditions

Introduction

Welcome to Imagin8Studio! Our art galleries are provided subject to the following terms and conditions. These govern your use of our products; by buying through our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these, you must not use our website. Please read them carefully.

License and Web Access

We grant you, in these conditions; you refer to all visitors and buyers of all arts that are in the property of Imagin8Studio.com, a limited, revocable license to access and make personal use of the website as our customer. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. However, you are not permitted to:

  • Reproduce, duplicate, copy, sell or otherwise exploit the website or any art, art listing, product description, price, page layout, page design, or other content (“Website Content”) for any commercial purpose, except as expressly provided;
  • edit, modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website;
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
  • redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Acceptable Use

  • Visitors and buyers must not use our website or any content which means material (including without limitation text, images, audio material, video material and audio-visual material) in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • Visitors and buyers must not use our website or the arts to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • Visitors and buyers must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
  • Visitors and buyers must not use our website to transmit or send unsolicited commercial communications.
  • Visitors and buyers must not use our website for any purposes related to marketing without our express written consent.

Copyright

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, of Imagin8Studio.com. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Imagin8Studio.com that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

The Artists

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

The artist grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

The artist user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

The artist must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Use of Recommendation Services

We offer our visitors and buyers certain services that involve the use of images of our products. The arts provided through these services are protected by international copyright laws and may not be used for any other purpose. Users of these services may not:

(a) alter, modify or manipulate any art;
(b) use an art in any form other than the form provided by us;
(c) reproduce an art other than as intended through the use of this service;
(d) remove any code or identifying information from any image of our arts; or
(e) inactivate the link associated with any art or cause the art to ultimately link to a destination other than our website.

Suggestions and Ideas

Visitors and buyers may submit suggestions, ideas, or questions, to (email address). By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Reviews, Comments, Communications and Other Content

Visitors and buyers may post or submit reviews, comments, suggestions, communications and other information via our website. You agree not to submit, transmit, or otherwise make available in any manner any content;

(i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory,
harassing, libelous, invasive of another’s privacy, or is otherwise objectionable,

(ii) that infringes the intellectual property rights of any party or

(iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, and “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

Limitations and Exclusions of Liability

Nothing in these terms and conditions will: (a) limit or exclude our or the artist liability for death or personal injury resulting from negligence; (b) limit or exclude our or the artist liability for fraud or fraudulent misrepresentation; (c) limit any of our or the artist liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or the artist liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

The artist hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions

Breaches of these Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if the artist breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending access to the website, prohibiting from accessing the website, blocking computers using IP address from accessing the website, contacting internet service provider to request that they block the artist’s access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
The artist or any third party may not transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions.

Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Exclusion of Third Party Rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Entire Agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.