Imaginova Terms & Conditions
Welcome to the Imaginova Corp. ("Imaginova") Web properties, which include OrionTelescopes.com (Telescope.com), and Imaginova.com (the "Site(s)"). The following Terms and Conditions apply to and govern your use of the Sites and any services offered through the Sites, including forums, chat rooms, personal profile pages, article commenting, blogs, RSS newsletters and eCommerce, among other offerings (the "Services"). Your use of the Sites and/or the Services signifies your agreement to be bound by these Terms and Conditions. You agree to use the Sites and Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions outlined below and otherwise set forth on the Sites.
License to Use the Site
Imaginova grants you a limited, non-exclusive and non-transferable right to access, use and display the Sites and the materials thereon and use the Services for your personal purposes only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of the Sites or Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or by any other means.
Imaginova owns, controls, and licenses, or otherwise has the right to use and provide, the Sites and all material on the Sites, including without limitation all text, images, articles, photographs, illustrations, audio and video clips contained therein (collectively, the "Site Material"). The Sites are each protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other intellectual property laws. Imaginova is the owner of the copyright in and to each of the Sites and the selection, coordination, arrangement and enhancement of each of them. You agree to abide by any and all copyright notices, information or restrictions displayed on each Site.
Except as provided in these Terms and Conditions, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse-engineer, create derivative works from, or otherwise exploit any of the Site Material or any part of the Sites without the prior written consent of Imaginova. You may download one (1) copy of Site Material for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Site Material, including without limitation the trademarks and service marks of Imaginova and its affiliates or the copyright holder identified in the individual Site Material's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from the Sites, you may not make any changes in or deletion of author attributions, trademarks, legends or copyright notices. You may obtain more information on the copyrights, trademarks, and service marks of Imaginova and its affiliates and Site Material owners by viewing the copyright and trademark notices posted on each Site.
Imaginova's logos, including but not limited to the logos of Imaginova, and Orion Telescopes & Binoculars are trademarks and/or service marks of Imaginova Corp. All trademarks and service marks owned by Imaginova, including such logos, may not be used without the permission of Imaginova. All rights reserved. Any other marks appearing on any of our Sites are the property of their respective owners and may not be used without permission.
Changes to Terms and Conditions
Imaginova reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of any Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that Imaginova will not be liable to you or any third party in the event that Imaginova exercises its right to modify or terminate access to any of the Sites or portions of any Site.
Changes to the Sites
Imaginova shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of any Site, including but not limited to the Site Material, Services features, or hours of availability. Imaginova may also impose limits on certain features and services or restrict your access to parts or all of any Site without notice or liability. You acknowledge and agree that Imaginova will not be liable to you or any third party in the event that Imaginova exercises its right to modify or terminate access to any Site or portions of any Site.
You and other visitors to our Sites are invited to post appropriate and relevant information or commentary, including but not limited to, facts, advice, "tips" and opinions, in the forums available through the Sites. You acknowledge that the posted information may be viewed by you and/or other users of the Sites. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through any of our Sites, you agree that you are solely responsible for such Communications and that you, and not Imaginova, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via our Sites.
By using any of our Sites, you agree that you:
- Will only use our Sites and Services for lawful purposes and in accordance with these Terms and Conditions and with any applicable Community guidelines.
- Agree to provide us with accurate information in connection with any registration through our Sites and to take responsibility for the information you provide.
- Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
Without limitation of the foregoing, you agree to not use any of our Sites or any Services to:
- Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or sexually explicit.
- "Stalk" another.
- Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, socioeconomic status or disability.
- Harm minors in any way.
- Impersonate any person or entity, including but not limited to an Imaginova official, forum leader, moderator, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on, to or through any of our Sites or any Services.
- Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, including but not limited to proprietary or confidential information learned or disclosed as part of employment relationships or otherwise barred from disclosure pursuant to the terms of a confidentiality agreement).
- Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other rights of any party.
- Upload, post, email or otherwise transmit (a) under any circumstances "junk mail," "spam," "chain letters," "pyramid schemes," or (b) any other form of solicitation, except in those areas which may be designated for such purpose.
- Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the applicable Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with or disrupt any of the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks related to any Service; or
- Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations having the force of law.
You also agree that you will not harvest, collect or store information about the users of our Sites or Communications posted by others on the Sites or use such information for any purpose, including without limitation, for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You understand that the technical processing and transmission of the Sites, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Imaginova assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to this Site.
Any Communication on any of the Sites may be purged periodically by Imaginova, for any reason or no reason. You acknowledge and agree that any Communication you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on any of our Sites. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Imaginova, and that Imaginova does not support or endorse any content or views posted by you or any user.
Monitoring, Editing and Disclosure of Communications
You agree that Imaginova has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason and in its sole discretion to assure compliance with these Terms and Conditions and any other operating rules that Imaginova may establish from time to time. Notwithstanding this right, Imaginova does not and cannot review all Communications, and Imaginova is not responsible for any Communications. Imaginova reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Imaginova's sole discretion, such Communication is in violation of these Terms and Conditions or is otherwise objectionable.
Imaginova's Rights in Materials Provided by Users
Imaginova welcomes your comments regarding our Sites. However, any and all Communications provided by you to us through any of our Sites may be included in a database owned by Imaginova and its subsidiaries and affiliates, and in which we possess all rights and interest, including but not limited to, a compilation copyright. We reserve the right to use any Communication you provide to us, or any information or materials contained therein or that we otherwise obtain through your use of the Sites, to the fullest extent permitted by law.
By using any of our Sites, you grant to Imaginova a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Communications that you post on our Sites, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Imaginova of any material or idea submitted by you in any Communications, or receive any compensation for such use. You waive all rights to any claim against Imaginova for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Imaginova is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from our Sites (other than credit card data submitted through appropriate channels via our Sites) are not confidential, and to that extent your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Imaginova, no confidential, fiduciary, contractually implied or other relationship is created between you and Imaginova or any Imaginova affiliate or subsidiary other than pursuant to these Terms and Conditions. Imaginova shall not be responsible for the payment of any amounts to any party in connection with Imaginova's use of Communications submitted by you to our Sites.
Imaginova respects the intellectual property of others, and we ask our users to do the same. Imaginova may, in appropriate circumstances and at its unfettered discretion, terminate the access of users, subscribers and account holders who infringe the intellectual property rights of others.
If you believe that your work has been copied and is accessible on one or more of our Sites, or any of the Services offered through our Sites, in a way that constitutes copyright infringement, or that Imaginova contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Imaginova by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512, to Imaginova's copyright agent:
89 Hangar Way
Watsonville, CA 95076
Click here to send an email to the Copyright Agent.
Note: Only copyright complaints should be sent to the Copyright Agent
You shall indemnify, defend and hold harmless Imaginova, its affiliates, and all of their respective officers, directors, owners, agents, employees, Site Material providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of any of Imaginova's Sites and/or Services, including but not limited to any Communications attributable to you. Imaginova reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Imaginova.
Links to Other Web Sites
The Sites may contain links to third party sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Imaginova or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Imaginova or the Sites' sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name or logo displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Imaginova or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Imaginova does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITES, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGINOVA DOES NOT WARRANT THAT THE SITES OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. IMAGINOVA DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITES, THE CONTENT THEREOF, THE SERVICES USED ON OR ACCESSED THROUGH THE SITES, ANY PRODUCTS OR SERVICES, HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO SESSION ID DATA. IMAGINOVA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO IMAGINOVA'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR SERVICES. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS, AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITES. UNDER NO CIRCUMSTANCES SHALL IMAGINOVA, ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS ON ANY OF OUR SITES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that any claim or cause of action arising out of your use of any of our Sites or any Services must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
To use certain features of our Sites, you may need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of your password and account or any other breach of security, and to ensure that you exit from your account at the end of each session. Imaginova cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Notice to Users Outside the United States and Canada
Imaginova makes no representation that the Sites or the Services are appropriate or available for use in locations other than the United States and Canada. Those who choose to access any Site from locations outside of the U.S. or Canada do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions and/or any Imaginova Site or any Services shall be an appropriate State or Federal court located in Santa Cruz County in the State of California, and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
You acknowledge (a) that you have read and understood these Terms and Conditions; and (b) that these Terms and Conditions have the same force and effect as a signed agreement.
89 Hangar Way
Watsonville, CA 95076
Click here to contact us.
These Terms and Conditions are effective as of May 29, 2008.