Terms of Use

 

Trademarks

PITCH-A-STORY! is a trademark of Imagine This Company, Inc. The Storytelling Game That Can Make You A Star is a registered trademark of Imagine This Company, Inc.

Any product or service name or slogan contained in this Web site, are either trademarks or registered trademarks of Imagine This Company, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Imagine This Company, Inc. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Imagine This Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Imagine This Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Copyrights

Illustrations on Characters, Challenges, Settings, Props, and Friends or Foes cards and the PITCH-A-STORY! Playing Board 2005 Imagine This Company, Inc.

Unless otherwise indicated, all Web site materials and content, including, without limitation, the PITCH-A-STORY! logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Imagine This Company, Inc. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, non-commercial, educational, and personal use only. Any other use of the materials in this Web site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance) without the prior written permission of Imagine This Company, Inc. is strictly prohibited.

Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to this Web site for noncommercial purposes provided such link does not portray PITCH-A-STORY! or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Imagine This Company trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without Imagine This Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Imagine This Company or any third party. Imagine This Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of Imagine This Company and Imagine This Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Imagine This Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Imagine This Company of the site or any information contained therein.

Third Party Content

Imagine This Company may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Imagine This Company does not monitor nor has any control over any Third Party Content or third party Web sites. Imagine This Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Imagine This Company does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Imagine This Company, or postings on this Web site, are non-confidential and shall become the sole property of Imagine This Company. Imagine This Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Imagine This Company, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Indemnification

You agree to defend, indemnify and hold harmless Imagine This Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Imagine This Company and PITCH-A-STORY! Web site, including without limitation any actual or threatened suit, demand, or claim made against Imagine This Company and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

Disclaimer

THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IMAGINE THIS COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IMAGINE THIS COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IMAGINE THIS COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Imagine This Company reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Imagine This Company.

Limitation of Liability

IN NO EVENT SHALL IMAGINE THIS COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM IMAGINE THIS COMPANY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMAGINE THIS COMPANY'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMAGINE THIS COMPANY (WHETHER IN CONTRACT, WARRANTY TORT— INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF IMAGINE THIS COMPANY'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IMAGINE THIS COMPANY FOR ACCESS TO OR USE OF THIS WEB SITE.

Applicable Law

These Site Terms shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Orange County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, Imagine This Company reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about Imagine This Company's Site may be directed to Imagine This Company, Inc. at service@pitchastory.com, or you may telephone us at 407-355-7750. You may also write to us at

Imagine This Company, Inc.
7512 Dr. Phillips Blvd.,
Suite 50-111
Orlando, FL 32819

© 2005 Imagine This Company, Inc. All rights reserved