Terms of Use

Supplied courtesy of the Law Office of Miriam London Martinez.

Thank you for using the Imagine This! TV (“IT!”) website (the “Website”). The IT! Website provides a forum for people to contribute their ideas, know-how and expertise to better the conditions of others around the globe. We welcome your contributions.

These Terms of Use contain general terms that apply to you as a user of the Website. By registering with us or using or browsing the Website, you acknowledge that you have read and understood, and agree to be bound by these Terms of Use.

1. Your Submissions

“Submissions” means comments, recommendations, ideas, photos, videos, music, sounds, images, text, documents, logos, trademarks, messages or other materials posted to the Website.

You own your submissions. As a user of the Website, you grant IT! and other users of the Website a non-exclusive, worldwide, perpetual, transferable, irrevocable, sub-licenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of your submissions.

We appreciate your submissions and other suggestions. You understand that we may use them in the Website, and IT!’s television shows or other products without any obligation to compensate you for them, just as you are not obligated to post them.

2. Registration and guidelines for use

You are encouraged but not required to provide your real name when registering with the Website. IT! reserves the right to delete posts from anyone using an offensive fictitious name. IT! will use its discretion in determine what constitutes an offensive fictitious name.

The Website is built on a software platform provided by Ning, Inc. Ning, Inc. has its own Terms of Service which govern use of the Website. Ning, Inc.’s Terms of Service are incorporated by reference, and you can access them here.

By posting a submission to the Website, you warrant and represent that you own the proprietary rights to such submission and that such submission does not infringe any party’s intellectual property, publicity, privacy or other rights. You further represent you are at least 13 years old and that you will not post or submit to the Website any submission that

1. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. involves spamming, chain letters, pyramid schemes, advertisement of illegal or controlled products or services, or other activities that violate any applicable laws or regulations;
3. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities;
4. is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
5. is harmful to minors; or
6. is hateful or discriminatory on the basis of race, color, gender, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age, or is otherwise objectionable, as reasonably determined by IT!.

You further agree not to

1. stalk or otherwise harass anyone;
2. collect, use or disclose personal information about other users without their consent; or
3. post any content that IT! determines constitutes pornography or is adult in nature.

3. Intellectual Property

All content appearing on the Website is the property of IT! or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries.

4. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT IT! DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBITE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM IT! OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

5. Limitation of liability

IN NO EVENT SHALL IT! BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. IT!’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

6. Indemnity

You agree to indemnify, defend and hold IT! harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of any third party.

7. General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions enforced. IT!’s failure to act with respect to a breach by your or others does not waive IT!’s right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and IT! with respect to the subject matter herein. The provisions of these Terms of Use will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

Any amendment to these Terms of Use must be made in writing and signed by us. All of IT!’s rights and obligations under these Terms of Use are freely assignable by IT! in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.