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"Bringing IMAgination to Life"

©IMA ARTS LTD. 2019

Terms & Conditions

Welcome to IMA Studio! 

These are the terms and conditions for: https://www.imastudio.org 

By accessing the IMA Studio website, (hereby "Our Website”), you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website and services. In these Terms, "we", "us", "our" and " IMA Studio" refers to IMA Studio and "you" and "your" refers to you, the user of our Website and platform.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES. 

 

ACCEPTANCE OF TERMS

This Agreement sets forth legally binding terms for your use of IMA Studio. By using IMA Studio, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse IMA Studio website) or you are a “User” (which means that you have purchased a service). If you do not accept the terms of this Agreement, you should leave IMA Studio websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on IMA Studio.

 

You agree to be bound by any modification to this Agreement when you use IMA Studio after any such modification is posted; it is therefore important that you review this Agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. IMA Studio may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the website is revoked in such jurisdictions.

 

ELIGIBLITY

You may use the website and services only if you can form a binding contract with IMA Studio, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The website and services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

The websites and services may not be available to any Users previously removed by IMA Studio. By using the websites and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

 

IMA STUDIO

IMA Studio offers personalized accompaniment and support to artists (“services”) through scheduled sessions and other resources such as exhibitions and events (please check the events scheduled on our website).

Each session can be a stand-alone session or as part of a bespoke programme.

The bespoke programme is designed to fit your particular needs and assist you to achieve your goals in a fixed framed time period. The bespoke programme includes 10 scheduled sessions.

For more information about our services, please contact us, through our contact page, our team will be attentive and available to answer your questions and concerns.

 

 

PRICES

The prices of the services are in pounds sterling (GBP).

The price of the sessions is charged according to the time per session: 60 - 90 min.

The bespoke programme pricing varies depending on the requirements of each artist.

IMA Studio reserves the right to determine pricing for services. IMA Studio will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. IMA Studio may change the fees for any service, including additional fees or charges. IMA Studio, at its sole discretion, may make promotional offers with different features and different pricing to any of IMA Studio users.

 

PAYMENTS

All payments to IMA Studio are handled securely. Services will be paid through “Evenbrite” (payment platform available on IMA Studio).

Payment will be debited from your credit card, immediately on you placing the order for the service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. 

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. IMA Studio reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.

 

DISCLOSURE

By hiring IMA Studio services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information and services available on IMA Studio website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or advice suggested or recommended through the services.

 

You agree that IMA Studio has not guaranteed the results of taking any action, whether or not recommended on this website. IMA Studio provides educational and informational resources designed to help artists succeed in their careers. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and countless other circumstances beyond the control of IMA Studio.

 

THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

 

RESALE OF SERVICES

Users may not resell the services and the functionality of the website, to any other party without prior written permission from IMA Studio, which may be granted or withheld in IMA Studio sole discretion.

 

COPYRIGHTS

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of IMA Studio, its merchants, or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of IMA Studio and protected by UK and international copyright laws. All software used on this site is the property of IMA Studio or its software suppliers and protected by UK and international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

 

COPYRIGHTS COMPLAINTS 

IMA Studio respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the IMA Studio website infringe upon your copyright or other intellectual property right, please send the following information to: 

- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

- A statement specifically identifying the location of the infringing material, with enough detail that IMA Studio may find it on the IMA Studio Site.  Please note: it is not sufficient to merely provide a top-level URL.

- Your name, address, telephone number and e-mail address.

- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk. 

 

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to  IMA Studio or licensed to the IMA Studio by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

 

- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by IMA Studio;

 

- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

 

- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

 

- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

 

- Deep-link to any portion of the Services for any purpose without our express written permission;

 

- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

 

- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by IMA Studio in connection with the services;

 

- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

 

- Download any Content unless it’s expressly made available for download by IMA Studio.

 

DISCLAIMER OF WARRANTIES 

IMA Studio will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet IMA Studio provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse IMA Studio for any loss or damage caused as a result.

IMA Studio will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, IMA Studio excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to  IMA Studio and  IMA Studio shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

- Any incorrect or inaccurate information on IMA Studio;

- Any interruptions to or delays in updating IMA Studio;

- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website;

- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;

- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;

- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from IMA Studio.

 

- All representations, warranties, conditions and other terms which but for this notice would have effect.

 

 

IMA STUDIO AND THIRD PARTIES

IMA Studio contains Content of third-party licensors to IMA Studio, which is protected by copyright, trademark, patent, trade secret and other laws. IMA Studio owns and retains all rights, title and interest in the Content. IMA Studio hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through IMA Studio or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing IMA Studio and using the Service. 

 

Any dealings with third parties included within or on IMA Studio involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. IMA Studio is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on IMA Studio does not constitute an endorsement or recommendation of such third party or the product or services of such third party by IMA Studio or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on IMA Studio is provided to you for informational purposes only.

 

IMA Studio encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While IMA Studio works to ensure the information on IMA Studio is current and accurate.

 

NON-COMMERCIAL USE

The services and use of the website may not be used in connection with any commercial purposes, except as specifically approved by IMA Studio. Unauthorized framing of or linking to any of IMA Studio is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.

 

SECURITY COMPONENTS

You understand that IMA Studio and software embodied within IMA Studio may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by IMA Studio and/or content providers who provide content to IMA Studio platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into IMA Studio.

 

 

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by IMA Studio for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

 

INDEMNIFICATION

You agree to defend and indemnify IMA Studio from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

 

- Your breach of this Agreement or the documents referenced herein.

 

- Your violation of any law or the rights of a third party.

 

- Your use of the IMA Studio website and services.

 

 

CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

 

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

Our Privacy Policy is written according to: 

 

- GDPR (General Data Protection Regulation - European regulation).

- UK Data Protection Act.

 

ASSIGNMENT

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IMA Studio without restriction.

 

INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by IMA Studio, shall constitute the entire agreement between you and IMA Studio concerning and governs your use of the platform and website.

 

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the IMA Studio website, will be settled by binding arbitration between you and  IMA Studio, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and IMA Studio are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and IMA Studio otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. 

 

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

 

FINAL PROVISIONS

These Terms are governed by the law of UK and the European Union. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.