Imagine Telecommunications Group Limited ("imagine") is an Irish registered telecoms group. The Company is led by its founder, Sean Bolger, with an experienced Telecoms Management Team who are also the major shareholders. The team has considerable expertise in the Fixed, Mobile and Data Telecoms sector in Ireland and Internationally.
imagine is headquartered at Communications House, Barrow Street, Dublin 4.
"" shall mean a combination of all Master Recordings and Mobile Content made available to Distributor for exploitation under this Agreement.
"Master Recordings" shall mean all sound and video recordings that Licensor shall at Licensor's absolute discretion make available to Distributor for exploitation under this Agreement during the Term.
"" shall include, but not be limited to, ringtones, realtones, full track audio, videos, and images and information developed, owned and/or controlled by the Licensor.
"" means any and all worldwide copyright rights (including but not limited to rights in audiovisual works and Moral Rights), patent rights, trade secret rights, trademark rights (and goodwill appurtenant thereto), merchandising rights, rights of privacy, rights of publicity, and any and all other intellectual property and proprietary rights available in any jurisdiction in the world
"" means all GSM/GPRS/UMTS/CDMA/WDMA devices and hardware units with similar capabilities that are compatible with cellular or mobile networks in all applicable territories
imagine.ie is a service that invites consumers, hereinafter referred to as "Licensor", to create profiles online, communicate and share interests with other members of the "Service", and upload and download "Content" via the internet to PC's and other storage devices, and to mobile devices via a mobile network.
So if you wish to use the imagine service then you expressly accept these Terms and Conditions of Use and the act of using the service will be you agreement to accept these Terms band Conditions of Use. If you disagree with the Terms and Conditions of Use you should not use the Service.
Please choose carefully the information you post on the Service and that you provide or offer to other users. Your imagine user profile may not include the following items: telephone numbers, street addresses, last names, photographs and other material posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Service users (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and imagine assumes no responsibility or liability for this material.
imagine reserves the right, in their sole and separate discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any part of the Service, you agree to release and hold imagine harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in the Service.
: By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 16 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Use by account or password holders is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other users
: This Agreement shall remain in full force and effect for as long as you use the Website or the Service in any way whatsoever. imagine may terminate your use of the Service for any reason, effective upon sending notice to you at the email address you provided to imagine. If imagine terminates your use of the Service because you have breached these Terms and Conditions of Use you will not be entitled to any refund of any portion of any fees charged by or due to you. Even after use is terminated, these Terms and Conditions of Use will remain in effect. By using the Service you acknowledge that imagine, its agent of affiliate reserve the right to charge for the Service and have the right to terminate use by any person. Should a user breach this Terms and Conditions of Use or fail to pay for the Service at registration then no further use will be allowed.
: The Website is for the personal use of visitors and registered bands only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of imagine. Illegal and/or unauthorized use of the Website, including collecting or attempting to collect user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be reported and investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of access. Appropriate legal action will be taken by imagine or its representatives, agents or affiliates for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on the Service: imagine owns and retains all proprietary rights in the Website and imagine owns and retains all proprietary rights in the Service. The Website contains copyrighted material, trademarks, and other proprietary information of the co-operating companies, Licensors and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
A) You understand and agree that any of the co-operating companies may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of any of the co-operating companies violate this Terms and Conditions of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user.
B) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other users.
C) By posting any Content to the public areas of the Website, you hereby grant to imagine the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license may be terminated at 24 months from you registering with the Service or at ay time thereafter buy either party giving the other 30 days notice. You represent and warrant that:
(i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and
(ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on the Website.
D) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. imagine reserve the right to investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the use of the Service by such violators. Prohibited Content includes content that:
(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any, property, group or individual;
(ii). harasses or advocates harassment of another person;
(iii). involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(x.) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.You must use the Service in a manner consistent with any and all applicable laws and regulations.
F) You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
G) You may not engage in advertising to, or solicitation of, any user to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other users. Although imagine cannot monitor the conduct of every user of the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect users from such advertising or solicitation, imagine reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which deem appropriate in our sole discretion.
H) You may not cover or obscure the banner advertisements on your personal profile page, or any imagine page via HTML/CSS or any other means.
I) any automated use of the system, such as using scripts to add friends, is prohibited.
J) You may not attempt to impersonate another user or person who is not a user.
K) For band profiles, you may not copy the code provided to you by imagine and embed it into other profiles or ask other users to embed it into their profiles.
6. Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of imagine to terminate user privileges of any user who infringes copyright upon prompt notification to imagine by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us or our Copyright Agent with the following information: 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; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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.
7. Content Usage: You may not post, distribute, or reproduce in any way any copyrighted material, content, trademarks, or other proprietary information, including all content downloaded from the imagine digital service via the internet to a PC hard drives and other storage devices and/or to mobile phones via the internet and/or other wireless networks, without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of imagine to terminate user privileges of any user who infringes copyright upon prompt notification to imagine by the copyright owner or the copyright owner's legal agent.
8. User Disputes: You are solely responsible for your interactions with other Service users. imagine Digital Limited reserves the right, but have no obligation, to monitor disputes between you and other service users.
10. Disclaimers. The co-operating companies either collectively or individually are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, other parties or by any of the equipment or programming associated with or utilized in the Service. The
co-operating companies, both individually and collectively or are not responsible for the conduct, whether online or offline, of any user of the Website or user of the Service. The co-operating companies either collectively or individually assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or communication. The co-operating companies either collectively or individually are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall any one or any group of the co-operating companies be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and the co-operating companies either collectively or individually expressly disclaim any warranty of fitness for a particular purpose or non-infringement. The co-operating companies either collectively or individually cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability. IN NO EVENT SHALL IMAGINE OR ANY OF THE CO-OPERATING COMPANIES EITHER INDIVIDUALLY OR JOINTLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF IMAGINE, IMAGINE OR ANY OF THE CO-OPERATING COMPANIES EITHER INDIVIDUALLY OR JOINTLY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12. Disputes: If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of England and Wales without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the courts of United Kingdom.
13. Indemnity: You agree to indemnify and hold imagine, imagine and each of the co-operating companies, their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of these Terms & Conditions of Use and/or arising from a breach of these Terms & Conditions of Use and/or any breach of your representations and warranties set forth above.
14. Other: These Terms & Conditions of Use are accepted upon your use of the Website and is further affirmed by you becoming a user of the Service. This Terms & Conditions of Use constitute the entire agreement between you and imagine regarding the use of the Website and/or the Service other than the for Licensors and or their Agents and Licensors who are additionally bound by the Licensor Release Agreement and Terms of Entry
The failure of imagine or imagine to exercise or enforce any right or provision of the Terms & Conditions of Use shall not operate as a waiver of such right or provision. The section titles in the Terms & Conditions of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms & Conditions of Use.