Conditions of Use
Welcome to Imaginism Studios. Imaginism Studios and its affiliates provide their
services to you subject to the following conditions. 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 Web site, 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:
PRIVACY
When you visit ImaginismStudios.com, you do so anonymously.
Imaginism Studios will log users’ IP addresses (the Internet address of
users’ computers), the date and time of a user’s visit to the site,
the pages accessed and documents downloaded, the previous site visited and the
type of browser used. Imaginism Studios will not link users to anything personally
identifiable or add users’ email addresses to any database unless a user
specifically requests to be included on Imaginism Studios' mailing list, emails
Imaginism Studios via the Contact Us page, or purchases goods or services from
Imaginism Studios.
ELECTRONIC COMMUNICATIONS
When you visit Imaginism Studios or send 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 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 sublicensable 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 sublicensees 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
catalog 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 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.
OUR ADDRESS
Imaginism Studios Inc.
1212-17 Barberry Place
Toronto, ON
Canada M2K 3E2
http://www.imaginismstudios.com
http://www.schoolism.com
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 Department
1212-17 Barberry Place
Toronto, ON
Canada M2K 3E2