TERMS AND CONDITIONS or TERMS OF SERVICE
Welcome! Please Read This Page
This page states the Terms and Conditions (“Terms”) under
which you, the Web Site visitor ("You" or “Your”
or “Yourself”) may use this Web site (“Our Site”),
which is owned by the Imagination Factory, Inc. (“IFI” or
“We” or “Us” or “Our”) and/or other
web sites hosted on the IFI server (Our Services) unless otherwise covered
by a separate TOS. By using this Web site, You agree to be bound
by all of the Terms and Conditions set forth below. If You do
not accept these Terms and Conditions, please do not use this Web site.
We may, in Our sole discretion, revise these Terms and Conditions at
any time; therefore, You should visit this page periodically to review
the Terms and Conditions. Having such access to and use of the
Site (including the content of such Site) through Us is collectively
referred to as "the Service(s)."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE
ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use
this Site may be further limited by federal law or the laws or regulations
in Your particular state or locality.
Your Acceptance of the Terms and Conditions
The Terms constitute a legal agreement between You, as a visitor to
the Site, and Us. Any information provided by You is also subject
to Our Privacy Policy, which is incorporated
by reference into the Terms. By using the Services, You acknowledge
and agree that You have read and agree to the terms in Our
Privacy Policy. Additional terms and conditions of use may
also be posted directly on other areas of the Site, and together with
the Terms, as amended from time to time, are collectively referred to
as the "Agreement." We reserve the right to modify any or
all of this Agreement at any time, and such change will be effective
immediately upon its publication on Our Site. You agree to be
bound by the terms and conditions of this Agreement, and any modifications
thereof, as long as You continue to access and use the Services.
Because of the possibility that the Agreement could change between visits,
You also agree to check the Terms of the Agreement each time You return.
Your continued access to or use of Our Site Content (defined below)
shall be deemed Your conclusive acceptance of modifications to this
agreement.
The Rights We Grant to You, the Site Visitor
The contents of this Web site, such as text, graphics, images, video
and other content (the "Site Material"), are protected by
copyright under both United States and foreign laws. We authorize
You, non-exclusively and non-transferably, to view and download a single
copy of the Site Material for Your personal use. This authorization
is not a transfer of title in the Site Content or copies of the Site
Content. Unauthorized use of the Site Material violates copyright,
trademark, and other laws. You agree to retain all copyright and
other proprietary notices contained in the original Site Material on
any copy You make of such material. You may not sell or modify
Our Site Material or reproduce, display, distribute, or otherwise use
the Site Material in any way for any public or commercial purpose.
The names, marks and logos included in the Site Material are, unless
otherwise noted, registered and/or common law trademarks owned by or
licensed to Us. Marks not belonging to Us belong to their respective
third party owners and We claim no rights in them. The use of
these marks or the Site Material, except as provided in these Terms
and Conditions, is prohibited.
Your Comments
We welcome Your comments on Our Web site and services at info@what-if.com.
You acknowledge, however, that if You send Us comments, praise, creative
suggestions, ideas, notes, drawings, concepts, inventions or other information
(collectively, but excluding personally-identifying information about
You, the "Information"), You grant to Us a non-exclusive,
perpetual, royalty-free, freely transferable license to use, practice,
exploit, modify and sublicense such Information for any purpose whatsoever,
commercial or otherwise, throughout the universe. Please note
that any communication or other materials that You post to Our Web Site
or transmit to Us over the Internet is considered to be, and will be
treated as, non-confidential, unless the Web page through which information
is submitted expressly states otherwise. For more information
about confidentiality and privacy issues, please read Our privacy statement,
below, and Our Privacy Policy.
Site Content
You acknowledge that the Service contains "Site Content,"
which collectively refers to any of the following owned by Us or certain
third parties as specified hereunder: any text, graphics, images, information,
software, audio and video clips, links, logos, icons, and other material,
including but not limited to proprietary and confidential information,
copyrights, patents, trade secrets, trade dress, service marks and trademarks,
including the Marks (as defined below). Any Site Content owned
by Us is referred to herein as "Our Site Material."
Site Content may also include "Third Party Site Material"
and "User Information," both as defined below. Our Site
Material may include technical inaccuracies or typographical errors.
We reserve the right to make changes and updates to any information
contained on Our Site without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable
copyright laws, international conventions or treaties, and any other
intellectual property or proprietary laws, and, unless in the public
domain, belonging to third parties, or unless otherwise stated, is owned
by Us, whether or not such rights are expressly identified in, or in
connection with, such Site Content.
You understand and agree that You may not remove, alter or cover any
copyright or other proprietary notices placed on Our Site. No
other license to use any of the Site Content is given or implied without
the respective owner's prior written consent. You may not transfer
the Site Content to any other person unless You give him or her notice
of, and s/he agrees to accept, the obligations arising under these Terms.
You agree that You will not refer to or attribute any information to
Us in any public medium (regardless of form) for advertising, public
relations, marketing or other purpose (including informing or influencing
any third party).
Unless otherwise specified hereunder, You may not sell, rent, modify,
reproduce, display, distribute, redistribute, republicize, retransmit,
participate in the transfer or sale, create derivative works, or in
any way exploit or otherwise use the Site Content, in whole or in part,
in any way without the respective owner's prior written consent.
The names, marks, logos and/or text appearing on the Site Content ("Marks")
are registered and unregistered trademarks owned by Us (or identified
clients, vendors, or others) and protected under all applicable laws,
except as otherwise noted on the Site. Unless otherwise specified
hereunder, such Marks may not be used in any way that is not expressly
authorized by Us or the respective owner, in any manner that is likely
to cause confusion among the public about Us or Our business (or the
respective owner and its business), or in any manner that disparages
or discredits Us (or the respective owner and its business).
You agree that You will not copy or reproduce any Mark of Ours, unless
specifically authorized to do so, to imply an endorsement by or relationship
with Us.
User Rules and User Information
As a user of the Service, You agree to carefully read and abide by the
Agreement, including any user rules of conduct as specified below.
You must be over 18 to access and use Our Site and Services. If
You are over 18, You agree to take full and active responsibility to
prevent the use of Our Site and Services by any children under 18 You
may be responsible for as a parent or legal guardian. If You are
under 18, You may not access and use the Site and Services without Your
parent's or legal guardian's supervision.
We do not want You to, and You should not, post
any confidential or proprietary information to Us via Our Site except
as directed by a secure interface. You acknowledge and agree that
transmissions and communications to and from the Site, including transmission
of any User Information (defined below), are not confidential, and may
be read or intercepted by others. You also acknowledge that if
You transmit any communication to Our Site You are solely responsible
for its accuracy and completeness. By posting messages, uploading
files, inputting data or information, or engaging in any other form
of communication via the Site or to produce any information for the
Site (collectively referred to as "User Information"), You
give Us an irrevocable, unrestricted, worldwide, royalty-free license
to use such User Information through the Service in any way, unless
otherwise specified in the Agreement. All User Information is
governed by Our Privacy Policy. Should
You provide Us with information, including but not limited to feedback,
data, answers, questions, comments, suggestions, plans, ideas or the
like, such information shall be deemed to be nonconfidential and We
assume no obligation to protect such information from disclosure, except
insofar as provided for in Our Privacy Policy.
The submission of such information to Us shall in no way prevent the
purchase, manufacture or use of similar products, services, plans and
ideas by Us for any purpose whatever and We shall be free to reproduce,
use, disclose and distribute the information to others without restriction.
We shall be free to use the content of any such communications, including
any ideas, inventions, concepts, techniques or know-how disclosed therein,
for any purpose including developing, manufacturing and/or marketing
goods or services. Unless otherwise specified, You waive all rights
to any claim against Us for any alleged or actual infringements of any
proprietary rights, intellectual property rights, rights of privacy
and publicity, moral rights, and rights of attribution in connection
with such User Information. We disclaim any liability for disclosure
of User Information as a result of errors in transmission by third parties
or unauthorized acts of third parties.
Improper Use of Our Site and Our Service
In addition to designing and maintaining Our own Site, IFI also offers
webspace to others to host their web site
(Content). In this latter case, IFI may or may not pre-screen Content,
but shall NOT be liable for any client Content which has been posted,
transmited or distributed, or cause to be posted, transmitted or distributed,
any material that (1) violates any local, state, national or international
laws; (2) violates the proprietary rights, intellectual property rights
(including without limitation copyright and trademark rights), rights
of privacy or publicity, moral rights, rights of attribution, or any
other related rights of others; (3) is intended to advertise or solicit
business including but not limited to any multi-level marketing scheme;
(4) purports to be provided by another person; (5) is obscene, harassing,
threatening, defamatory, libelous, or abusive; or (6) is a chain letter
or part of a pyramid scheme. You agree not to impersonate any
person or entity or otherwise misrepresent Your affiliation with a person
or entity. You agree not to "stalk" or otherwise harass
another or store personal data about other users. You may not
introduce any material into Our Site that contains any viruses, Trojan
horses, worms, time bombs, or other computer programming routines that
may damage, interfere with, or appropriate Our Site or any information
residing on Our Site. We reserve the right to delete any information
You post on Our Site that We in Our sole discretion determine to be
inaccurate, violative of law or otherwise violative of Our policies.
If You use, or attempt to use, Our Site or its Content for improper
purposes including without limitation tampering, hacking, modifying,
or otherwise corrupting the security of Our Site, You will be responsible
for all damages including, but not limited to, criminal prosecution
and civil and criminal penalties.
Digital Millenium Copyright Act Notice
We respect the rights of copyright owners and expect You to comply with
U.S. copyright law. We have procedures in place to protect the
rights of copyright owners in the event of alleged infringement, in
accordance with the Digital Millenium Copyright Act (“DMCA”).
If You believe that Your copyright is being infringed by any material
viewed on this Web Site, please send a notice, in accordance with the
DMCA, to Our designated agent.
We reserve the right to remove said material, expel users and/or prevent
their further access to this Web site for violating these terms or the
law and reserve the right to remove any communications from this Site.
Disclaimer of Warranties
Although We strive for accuracy in all elements of the Site Material,
it may contain inaccuracies or typographical errors. We make no
representations about the accuracy, reliability, completeness, or timeliness
of the material on this Web Site or about the results to be obtained
from using Our Site. You use Our Site and its material at Your
own risk.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT
BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE.
WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS ON THIS WEB SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE
OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY
AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Fees
Fees and Rates posted on this Web site are accurate only as of the date
posted, and are subject to change. For up-to-date fee information,
please contact Us at sales@what-if.com.
Links
This Web site contains links to Web sites owned by third parties (“Third
Party Sites”). Should You utilize these links, You will
leave Our Site. If You decide to visit any linked site, You do
so at Your own risk and it is Your responsibility to take all protective
measures to guard against viruses or other destructive elements.
You also agree that We are not responsible or liable for any direct
or indirect damage or loss caused, or alleged to be caused, by or in
connection with the use of or reliance on any such content, products
or services. These links are provided solely as a convenience
to You and are not an endorsement by Us of the contents on those other
sites, which content may change at any time without notice to Us.
We are not responsible for the content of any linked sites and make
no representations regarding the content or accuracy of materials on
such sites, nor do We make any representations regarding the privacy
practices of such sites. If You are concerned about the privacy
practices of an outside site, please consult its privacy policy; the
privacy protection provided on Our Web site may not be available at
the external link. We are not responsible or liable for applications,
admissions, hiring and employment practices and access to services,
programs, institutions and services of such Third Party Sites.
We are not responsible for any misuse of intellectual property found
on those sites.
No Endorsement of Third Party Site Material
Our Site Content may include information, products or services provided
by third parties on, linked to, or framed within, the Site ("Third
Party Site Material"). Third Party Site Materials are the
opinions and creations of the authors and/or owners identified in those
materials. As such, We do not assume any responsibility or liability
for any Third Party Site Material. Our publication of Third Party
Site Material does not constitute Our endorsement, warranty or guarantee
of any information, instruction, opinion, products or services contained
within the Third Party Site Material.
Our Management of Site Content
We reserve the right, in Our sole discretion, to establish practices
regarding a visitor's use of the Service and storage of any Site Content
posted on the Site. We have no responsibility or liability for
the deletion or failure to store any Site Content and any other communications
maintained or transmitted through the Service.
You also understand that We may not necessarily
prescreen or monitor Site Content, but reserve the right, in Our sole
discretion, to refuse or remove any such content available via the Service
for any reason at any time and with no explanation. We reserve
the right to modify, reject or eliminate any information residing on
or transmitted to Our Site that We, in Our sole discretion, believe
is unacceptable or in violation of the Agreement.
We may preserve, disclose or review any Site Content if required to
do so by law or in a good faith belief that such action is reasonably
necessary to comply with any legal process, enforce the Agreement, respond
to any claim regarding the violation of any third parties, or protect
the rights, property or personal safety of Us or any visitors to Our
Site.
Indemnification
By using this Site, You agree to indemnify, defend and hold harmless
Us and all of Our officers, directors, agents, employees, contractors,
and information and service providers ("Indemnified Parties")
from any claim, demand, losses, damages, costs, and/or expenses including
reasonable attorney’s fees, accounting fees, and related costs,
including court costs, attributable to or arising from Your posting
of User Information through the Service, Your use of the Service, Your
use of the Site Content, Your conduct through the Service, Your communications
to third parties through the Service, Your violation of these Terms,
and/or Your violation of any other rights related to the Service.
We reserve the right to assume or participate, at Your expense, in the
investigation, settlement and defense of any such action or claim.
Termination of or Change in Service
We may immediately, at any time and in Our sole discretion, (1) terminate
or limit Your use of or access to the Service, or any part thereof,
or (2) remove and discard any Site Content within the Service, for any
reason, including without limitation, Your lack of use, Your breach
of any terms and conditions hereunder, or if We believe You have violated
or acted inconsistently with the letter or spirit of the Agreement.
We may change, suspend or discontinue any aspect of the Site or Service,
or any part thereof, or impose any limits on any feature or service,
including the availability of any Site feature, database, or Site Content
for any reason, at any time, and without notice. You agree that
We will not be liable in any way to You or to any third party for any
actions We take as described herein or otherwise.
One Year Limit
You agree that regardless of any contrary statute or law, any claim
or cause of action arising out of or related to use of the Service or
these Terms, or alleged to arise out of or to be related to use of the
Service or these Terms, must be filed within one (1) year after such
claim or cause of action arose, or be forever barred.
Survival of Certain Provisions
The termination of these Terms for any reason will not terminate the
obligations or liabilities of the parties under these Terms regarding
warranties, liabilities, proprietary rights and all others that by their
sense and context are intended to survive the execution, delivery, performance,
termination and expiration of the Agreement.
E-Mail
Our Site provides opportunities to e-mail various individuals.
This functionality is for business purposes only; do not disclose any
personal information about Yourself. Do not use the e-mail service
to reveal information about Your financial circumstances, including
without limitation assets, liabilities, or debts.
Governing Law
These Terms are governed, construed and enforced in accordance with
the laws of the State of Michigan, without giving effect to its conflicts
of law rules. Before seeking legal recourse for any harm You believe
You have suffered from Your access to Our Site, You will give Us written
notice specifying the harm and thirty (30) days to cure the harm after
providing such notice before initiating any action.
Except for Our claim for injunctive relief in
any court having jurisdiction, You and We agree to submit to the personal
and exclusive jurisdiction of the State of Michigan courts. By
accessing the Site and using the Service, You waive any defense of an
inconvenient forum and of jurisdiction on account of place of residence
or domicile, and You agree that You waive Your right to a jury trial.
Location
This Site originates from Grand Rapids, Michigan. Therefore, We
make no representations that the information on Our Site is appropriate
or available for use in any location other than the State of Michigan,
including any location outside of the United States. Access to
the Site from other territories is strictly prohibited if such access
is illegal in such jurisdiction. You agree that Your decision
to access Our Site is done solely on Your own initiative, and that You
are solely responsible for complying with any applicable laws regarding
such access.
International Users
We make no representation that Our Site Content is appropriate or available
for use in any jurisdictions or countries other than the United States.
You may not use Our Site or export Site Content in violation of U. S.
export laws and regulations. Given the global nature of the Internet,
You agree to comply with all local rules (from where You physically
reside) regarding Internet conduct and content. You also agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which You physically
reside.
Export Control Laws
The export and re-export of IFI products are controlled by the United
States Export Administration Regulations and such products [or software,
or both] may not be exported or re-exported to any country to which
the United States embargoes goods. In addition, IFI products may
not be distributed to persons on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals. By ordering
an IFI product you are certifying that you are not a national of any
country to which the United States embargoes goods and that you are
not a person on the Table of Denial Orders, the Entity List, or the
List of Specially Designated Nationals.
Miscellaneous Terms
This Agreement constitutes the entire agreement between You and Us,
and supersedes any prior agreements between You and Us. You may
also be subject to additional terms and conditions which may apply when
You use any third party content, software or other proprietary information.
If any provision under this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable for any reason, the remaining
provisions will continue in full force without being impaired or invalidated
in any way. Our failure to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right or provision.
We may assign Our rights and obligations under this Agreement at any
time and without notice to You. The section headings used in this
Agreement are for convenience only and have no legal effect.
All employment-related information on this Web site is subject to modification
or elimination at Our sole discretion. Nothing on this site creates
an express or implied contract of employment.
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