Terms of Use

 

Welcome to Imaginism Studios!

Imaginism Studios and its affiliates provide their services to you subject to the following terms of use. If you visit or shop at imaginismstudios.com, you accept these terms. 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 terms of use applicable to such service or business.

These terms of use were last updated on May 23, 2018.

 

Privacy Policy

This policy describes how Imaginism Studios (“Imaginism Studios”) collects, uses and discloses Personal Information and Non-Personal Information (each as defined below) through our website, www.imaginismstudios.com, other Imaginism-affiliated websites whether currently existing or to be developed in the future (collectively referred to as the “Site”) where this Privacy Policy is provided and through our various services, heretofore known as the “Service”. This Privacy Policy does not address the collection, use or disclosure of information by any third parties.

Acceptance and updates:

By using the Site, you agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, you are prohibited from using the Site. We reserve the right to change this Privacy Policy without prior notice. You can find out when this Privacy Policy was last revised by referring to the “Last Updated” legend above this Privacy Policy section. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

Information collected by Imaginism Studios:

Personal Information is information that identifies an individual. In order for you to take advantage of particular opportunities provided through the Site (for example, to save your purchase history, bookmark items, or other functions whether currently existing or to be implemented in the future), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, shipping address, telephone number, email address, and/or billing information only when you voluntarily provide it to us. We may also combine Personal Information you provide to us with publicly available information, such as your organization’s name, in the event you provide us with an email address from your organization.

Non-Personal Information is aggregated information, demographic information and any other information that does not reveal an individual’s specific identity.

Environmental Variables. We may collect certain environmental variables, such as your MAC address, computer type, screen resolution, OS version and browser type and version. These environmental variables are collected by most websites and are used to optimize your experience on the Site.

Cookies. We and service providers acting on our behalf may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the website administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. Cookies allow us to automatically remember your web browser when you use the Site. The use of cookies is an industry standard, and they are currently used on most major websites. It is possible to adjust your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, certain parts of the Site may not function properly if you set your browser to refuse all cookies.

Web Beacons. Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or service providers acting on our behalf, may place in our Web pages, in our advertisements and in our emails. Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific Site page or section, clicked on one of our advertisements, or opened or acted upon an email. They also tell us the number of times advertisements or pages are displayed. This allows us to measure the performance of our Site, our advertising and our email campaigns.

Information That You Provide. We may also collect Non-Personal Information, such as your interests, geographic location and website address, when you provide it to us. Unless combined with Personal Information, this information does not personally identify you. In addition, we may aggregate Personal Information in a manner such that the end product does not identify you or any other Site user. Such aggregate information is considered Non-Personal Information for purposes of this Privacy Policy.

IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer you are using by your Internet Service Provider (ISP), and in many cases, IP addresses can be shared by multiple people. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

how we use the information we collect:

Your Personal Information. We may use Personal Information:

  1. to fulfill your requests, such as to create a Service account or to complete your purchases;
  2. to operate the Service, to send you important information regarding the Site and issues specifically affecting the Service and your use thereof, including changes to Site terms, conditions and policies. Because this information may be important, you may not opt out of receiving it;
  3. to inform you of products, programs, services and promotions from us that we believe may be of interest to you;
  4. for our internal business purposes, such as data analysis, audits, developing new products or services, enhancing our Site, improving our services, identifying usage and sales trends and determining the effectiveness of our promotional campaigns.

Your Non-Personal Information. Because Non-Personal Information does not personally identify you, we may use such information for any purpose, at our sole discretion, unless otherwise noted in this Privacy Policy. In addition, we reserve the right to share Non-Personal Information with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.

Delivery of Online Advertising. While we do not currently do so, we may use third party ad serving technology to help us deliver ads on the Site or to educate users on ad serving technology at a future date. This technology may use information (not including your name, address, email address or telephone number) about your visit to the Site in order to identify and display advertisements that may be of interest to you. In the course of serving these advertisements, a unique cookie may be placed and/or recognized on your browser.

IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

disclosure of information:

We may disclose Personal Information:

to our affiliates and any future corporate subsidiaries or affiliates, so that they may use such Personal Information for the purposes described in this policy. Imaginism Studios is the party responsible for the management of the jointly-used Personal Information;

to our third party service providers who need the information to provide us with components of the Service and/or such services as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service and email delivery services;

to third parties where you have requested to use a third party service (including applications) in connection with the Service and have requested that we provide information to them;

to identify you to any person to whom you send messages through the Site regarding Site-related content;

to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings);

as we believe appropriate:

  1. under applicable law, including laws outside your country of residence;
  2. to comply with legal processes;
  3. to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
  4. to enforce our terms and conditions;
  5. to protect our operations or those of any of our affiliates;
  6. to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
  7. to permit us to pursue available remedies or limit the damages that we may sustain.

Other Important Notices Regarding Our Privacy Practices:

Payment Processing. We use a third party payment service (“Payment Service”) to process credit card payments for certain goods and services. When you provide credit card information on the Site, that information is sent directly to the Payment Service. Imaginism Studios does not have access to your full credit card number and does not store such information in its own systems. You acknowledge and agree that any Personal Information that you provide in connection with such credit card payments will be transmitted directly to the Payment Service. Information transmitted to the Payment Service is encrypted using SSL software. The Payment Service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies, however, Imaginism Studios is not responsible for the Payment Service’s failure to comply with such laws, rules and/or regulations.

Third Party Sites and Services. We provide links on this Site as a convenience for our users. We may also inform customers of the Service about third party services or applications that can be used in connection with the Service. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, or of other websites or services operated by third parties. Your activities, including your provision of Personal Information, with any such third parties or such third parties’ websites or services will be governed by the privacy policy of such third parties. The inclusion of a link on the Site does not imply endorsement of the linked website by us or by our affiliates. We are not responsible for the use of any Personal Information you disclose to third party sites or services.

Security. We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us immediately of the problem by contacting us in accordance with the “Contacting Us” section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

Opt-Out. If you no longer wish to receive marketing-related emails from us, you may opt out by following the “unsubscribe” instructions in the latest such message you have received.

Your rights. You have the following data protection rights:

  1. You can request access, correction, updates or deletion of your personal information.
  2. You can object to processing of your personal information, or ask us to restrict processing of your personal information.
  3. Even though we may have already collected and processed your personal information with your consent, you can nevertheless withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we may have conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. 

Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. To exercise any of these rights, please contact us according to the section “Contacting Us”. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

Please note that we may ask you to verify your identity before responding to such requests.

Retention Period. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law.

Users Under the Age of 18: Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers. Please contact us in accordance with the “Contacting Us” section below.

Jurisdiction and Cross-Border Issues. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time, and at our sole discretion.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email at info@imaginismstudios.com.

 

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, IMAGINISMSTUDIOS.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 email 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 right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media for marketing and/or promotional purposes. You do not grant Imaginism Studios the right to creative derivative works from your content for sale for profit to the sole benefit of Imaginism Studios. You grant Imaginism Studios and its affiliates 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 terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

 

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.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. 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;
  6. 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.
  7. 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.
2700 14th Ave., Unit 9
Markham, ON L3R 0J9
Canada