SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 -
PRODUCTS
OR
SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only according to our Return
Policy.
We have made every effort to display as accurately as possible the colors and images of our products
that appear at the store. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY
OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time
the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL
TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control
nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to these
Terms of Service.
SECTION 8 -
THIRD-PARTY
LINKS
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand them before you engage
in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER
COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium
any comments that you forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL
INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our
Privacy Policy.
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
SECTION 12 -
PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using
the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating any of the prohibited
uses.
SECTION 13 -
DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely,
secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Imagination77, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the
service or any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Imagination77 and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licencors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVER
ABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service,
such determination shall not affect the validity and enforce ability of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when
you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 - GOVERNING
LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by
and construed in accordance with the laws of United States.
SECTION 19 - CHANGES
TO
TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at support@imagination77.com.