1 About our terms
1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Illustration Agent, a trading name company of Imaginar Limited, and Imaginar Limited’s affiliate companies (collectively Imaginar, we, us or our) and you, the person accessing or using the Site (you or your).
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
2 About us
2.1 We are Imaginar Limited, a company registered in England and Wales under company registration number 06111370. Our registered office is at C/O Gf & Co, Neptune Hub, Wimereux Square, William Street, Herne Bay, Kent, CT6 5NX.
2.2 If you have any questions about the Site, please contact us by sending an email to info@illustrationagent.com
3 Using the site
3.1 The Site is for your use only. You agree, warrant and represent that you are over 16 years of age.
3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.3 If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.4 As a condition of your use of the Site, you agree not to:
3.4.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.4.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
3.5 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4 Registration and password security
4.1 Use of the Site may require registration and payment of a subscription fee, particularly in order to access restricted areas of the Site.
4.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
4.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at Privacy Policy – Illustration Agent Website.
5 Subscriptions and subscription fees
5.1 Some subscription types require payment of a subscription fee. The subscription fee applicable to each subscription type is set out on the Site.
5.2 Subscriptions begin on your purchase date and renew automatically.
5.3 We conduct all payments through our payment gateway. By purchasing a subscription, you authorise us to take the payment(s) applicable to your subscription type. Any applicable payment(s) will be taken when you sign up to the relevant subscription then upon automatic renewal.
5.4 If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period.
5.5 The applicable subscription fee may change at any time and any requested refunds will not be provided unless required by law.
5.6 All fees are in pounds sterling (£)(GBP) and include VAT and other relevant taxes at the applicable rate.
5.7 You have the right to withdraw from the transaction within 14 days from the date of the purchase without giving any reason as long as your purchase was not of a customised nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
5.8 You may cancel your subscription at any time by contacting the support team by emailing info@illustrationagent.com. If you cancel your subscription less than 7 days before any automatic payment, your cancellation will take effect after this payment and you will not be entitled to a refund for this payment.
5.9 We may terminate your subscription and/or your access to the Site or any part of the Site including but not limited to removal of any content you have uploaded to the Site at any time if we believe you are in breach of any of the Terms or for any other reason with no obligation to provide any refund of any payments.
6 Your content
6.1 You warrant and represent that:
6.1.1 any information or content uploaded by you to the Site is accurate and does not infringe or misappropriate any intellectual property rights.
6.1.2 your use of the Site will not be for any unlawful purpose;
6.1.3 you will not upload or promote any harmful, explicit, defamatory, inappropriate, or offensive content;
6.1.4 you will not use the Site to send spam or bulk unsolicited messages; and
6.1.5 your use of the Site will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection and false advertising.
6.2 We may, at our complete discretion, suspend, disable, or remove content at any time for any reason.
7 Submitting information to the Site
7.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
7.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
8 Infringing content
8.1 We will not review, without notification, any content made available by any users or anyone else to the Site.
8.2 We will use reasonable efforts to:
8.2.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
8.2.2 identify and remove any content that is unlawful, inappropriate, defamatory, infringes intellectual property rights when we are notified of the same.
8.3 If you believe that any content which is distributed or published by the Site is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
9 Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at Privacy Policy – Illustration Agent Website, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
10 Ownership, use and intellectual property rights
10.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
10.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
10.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
10.4 Trade marks and trade names may be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
11 Accuracy of information and availability of the site
11.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
11.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
11.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
11.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
12 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
13 Our responsibility to you
13.1 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
13.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
13.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
14 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
15 Limitation of liability
15.1 We shall not be liable for any harm or loss occurred through or as a result of any content uploaded by Site users or agreements, contracts or any other interactions between Site users, whether commercial or otherwise.
15.2 We shall not be liable for any harm or loss occurred through or as a result of any hack or breach of the Site.
15.3 We shall not be liable for any of the following (whether direct or indirect):
15.3.1 any consequential, indirect or special loss;
15.3.2 loss of profit;
15.3.3 loss of revenue;
15.3.4 loss of contract;
15.3.5 loss of commercial opportunity;
15.3.6 loss of savings, discount or rebate (whether actual or anticipated);
15.3.7 harm to reputation or loss of goodwill; and/or
15.3.8 wasted expenditure.
15.4 This clause 15 shall not apply to the extent prohibited by applicable law.
16 Indemnification
16.1 You agree to indemnify and hold harmless Imaginar from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of the Site or breach of the Terms.
17 No third party rights
No one other than us or you has any right to enforce any of these Terms.
18 Variation
18.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 18.
18.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
19 Complaints
19.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
19.2 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
19.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
