Pleases read these terms and conditions (“Terms”) carefully as they contain the terms and conditions that govern your access to, and use of, the IMPONLINE website (“Site”), use of the services and purchase of any of the products we offer.
By checking the “I have read the terms and conditions” button upon sign-up you agree to be bound by these terms and conditions
We reserve the right to change these terms and conditions from time to time. If you have registered as a user, we shall attempt to notify you of any material changes to these Terms by email sent to the address you have provided when you registered. However, there may be situations in which you have not received a notice and therefore we encourage you to refer to these pages periodically to check for any changes. If you continue to access the Site following the changes to these Terms, you will be deemed to have accepted those changes
Depending on the products you purchase and the services you use, you may be subject to other terms and conditions on different pages of this Site which are all incorporated by reference into these terms and conditions.
Part A: Provisions applicable to all Users of the Service
1. DEFINITION
“we” and “us” means International Masters Publishers Ltd, Accurist House, 44 Baker Street, London W1U 7AL
“Registered User”, “User” and “you” means any person who signs up to use and or uses our Service.
“Content” includes all digital images and text that you upload to the Site.
“Service(s)” means the use of this Site and the services provided through the Site which includes but is not limited to the ability to view, share, store, print content.
“Products” means those products that we offer to you from time to time through our Site.
2. Eligible Users
2.1 Users must be at least 18 years of age and older. Your account is for you only and cannot be shared or transferred to anyone else.
2.2 You agree that the information that you provide to us when registering as a User and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
2.3 When you register as a User you will choose a password and need to confirm you password. If you forget your password, click on “forgot your password” and we will send you an email with your password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify us immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to change your password if we believe that your password is no longer secure.
3. USE OF SERVICE/SUBMISSIONS
3.1 You are responsible for all the Content you submit and you represent and warrant that you own all the rights to the Content, the Content is original, it is not copyrighted and does not infringe the proprietary, publicity and privacy rights of any third party.
3.2 You acknowledge that we are not responsible for backing up any of the Content you may submit to us and you are responsible for keeping back-up copies of all of your submissions.
3.3 You cannot use the Service:
a. for any unlawful purposes;
b. to submit, upload, post, record, order for print or press (DVD), email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to attempt to upload images by any method to another user’s account without permission;
g. to upload, post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
h. for any commercial purposes;
i. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
j. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
3.4 We are not under any obligation to examine or otherwise review any Content that is submitted by you in using the Site. However, from time to time we, or our service providers, may examine Content and if we reserve the right, at our sole discretion to delete, move or edit Content that we may determine is unlawful or prohibited Content. In the event an order contains unlawful or prohibited Content, as determined by us, we reserve the right to refuse to ship your order; however you will be responsible for the cost of such order.
3.5 You agree that you will not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
b. provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
c. resell the Service or any portion of the Service.
3.6 If you invite someone to view your Content by forwarding a link you accept the risk that the Content may be forwarded to people you did not intend to receive it and may be used in a way that you did not intend. Please be careful when forwarding Content.
4. INDEMNIFICATION
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOUR IN CONNECTION WITH THE SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, INCLUDING OUR DIRECTORS AND OFFICERS, OUR PARENT AFFILIATES, SUBSIDIARIES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, (COLLECTIVELY THE “IMP GROUP”) FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE LEGAL FEES, RESULTING FROM OR ARISING OUT OF ANY BREACH OR VIOLATION OF THESE TERMS AND CONDITIONS, ALLEGATION OR ACTUAL INFRINGEMENT OF A THIRD PARTY’S COPYRIGHT, USE OR MISUSE OF THE SERVICE OR PRODUCTS BY YOU OR ANY OTHER PERSON WHO ACCESSES THE SITE USING YOUR ACCOUNT, OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
5. AVAILABILITY
We will use reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any Content you upload to the Service.
6. PRIVACY
We have a firm commitment to safeguarding your privacy. Please click here to review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
7. COPYRIGHT/TRADEMARK
7.1 Copyright in the pages, screens displaying the information, and materials contained in this Site is owned by International Masters Publishers Ltd unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of IMP AB, its parent , subsidiaries or affiliates, or any third party.
7.2 You cannot submit Content that you do not own or do not have permission from the owner to submit. At any time, we may request proof of ownership from you of the content/materials you submit when using the Service. If we do not receive satisfactory proof and there are claims of infringement relating to such Content we may, at our discretion, refuse to process any order relating to such potentially infringing content, remove the potentially infringing content, share the information with any third parties as may be required under law, and in the appropriate circumstances suspend or terminate your Membership.
7.3 If you consent to us using your Content you hereby grant us a perpetual, worldwide royalty-free, non-exclusive licence to copy, publish, modify, transmit, display distribute and otherwise use the Content you submit.
7.4 If you believe a User has infringed your copyright please contact us at the following address and email with the details.
International Masters Publishers Ltd
PO Box 1060
Sunderland SR9 9WZ
Attention: Copyright Infringement
Email: customerservice@imponline.co.uk
7.5 IMPONLINE, The Complete Guide to Natural Healing, Cooking Village, cookingvillage.com, Easy Home Repair, Easy to Bake, Easy to Make, Fáciles y Sabrosas Comidas & Design, Fun with Photos Memories and More, Fun with Photos Memories and More & Design, Grandma’s Kitchen, Treasured Family Recipes, Great American Home Baking, IMP, i/m/p & Design, Natural Killers, Natural Killers Predators Close-Up, the Natural Killers Logo, Ordinary People Extraordinary Lives: Inspirational Stories of the Saints, Scrap'n Fun, Weird n’ Wild Creatures, Weird n’ Wild Creatures & Design, Wildlife Explorer and Your PC Made Easy, Great American Recipes, and Enhancing Your Mind, Body, Spirit and several more words and designs, are registered trademarks of IMP AB and this list may be amended from time to time.
Enhancing Your Mind Body Spirit, Grandma’s Kitchen, Great Bible Adventures & Design, inspiring & informing you, Ordinary People, Extraordinary Lives and Weapons of War are [registered] trademarks of IMP AB and this list may be amended from time to time.
All trademarks are used under licence by International Masters Publishers Limited. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
8. ORDERS/SHIPPING
8.1 No orders are considered accepted orders until you receive a confirmation email stating that your order has been confirmed and you have been provided an order confirmation number.
8.2 All prices are stated in Pounds Sterling and are valid until changed by us. Prices do not include shipping and handling and/or applicable sales tax. We will try and make every effort to provide current and accurate information about Products, Services and prices but we do not guarantee the accuracy of such information. Information about Products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order Products and the price published on the Site was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at the correct price. Any date specified for delivery of any Product are intended to be an estimate only.
8.3 Once you submit Content to be printed through the Site the order is final and you cannot change the order. Please make sure you have reviewed the order, the pictures or illustrations are those you like, the text has no typographical errors, and the placement of the images and text is exactly the way you want it. ALL ORDERS ONCE YOU HAVE RECEIVED A CONFIRMATION ORDER ARE FINAL. YOU CANNOT CHANGE AN ORDER AND YOU ARE FINANCIALLY RESPONSIBLE FOR THE ORDER REGARDLESS IF YOU SUBSEQUENTLY DETERMINE A PICTURE, TEXT AND/OR AUDIO IS NOT TO YOUR LIKING.
8.4 Ownership of print on demand items ordered by you whether online through the Site or by phone pass to you upon shipment, which means that you bear the risk of loss once the items in your order are picked up by the carrier of your choice.
8.5 When you place an order with us for a print on demand item (such as a personal cookbook), we will bill you when the item is shipped. If your order contains multiple items that may be shipped at different times, we may charge your credit card for those partial amounts as items are shipped.
9. RETURNS
9.1 If you receive a print on demand Product and it is damaged please call customer service within ten days of receipt. DO NOT THROW AWAY THE DAMAGED PRODUCT AS WE MAY REQUIRE YOU TO RETURN IT. For print on demand Products such as: cookbooks, if they are damaged as a result of a production fault such as:
a. Incorrect paper;
b. Pages or cover incorrectly positioned or oriented;
c. Incorrect cover bound to text;
d. Excessive glue which leaves visually offensive bumps along the spine;
e. Laminate peeling;
f. Coil binding defects;
g. Missing pages, pages out of order;
h. Folded or creased pages;
i. Smudged, streaked, or blotched images or wording;
j. Marked or blemished pages due to the printing process; orh.If your item was damaged as a result of shipping
we will replace your order.
9.2 For other Products such as our collections that you may order through this Site, please call customer service within 10 days of receipt if the Product is damaged or an item is missing.
9.3 We take pride in providing our customers with the highest quality products. In this effort we have spent time researching and finding the best vendors to provide you with quality Products. Each vendor uses a different system which may result in slight variances. These variances are normal and are not considered production faults.
10. EXTERNAL LINKS
10.1 From time to time we may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss, damage or inconvenience that you may suffer by using other websites.
11. Content
11.1 You may create and upload content up to 10 mb in size.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
12.3 YOU AGREE THAT THE SUBMISSION OF ANY CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
12.4 YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
12.5 NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; OR FOR ANY DAMAGE OR LIABILITY INCURRED BY THE CUSTOMER AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION BY US.
12.6 TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO THIS SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE TERMSIS LIMITED TO THE PRICE OF THE PRODUCT.
13. DENYING ACCESS TO THE SITE
13.1 It is our mission to create a safe and friendly environment for our Users. If you do not comply with these Terms, we may at our discretion, deny you access to the Site and remove the Content that you have uploaded.
14. COMMENTS/IDEA SUBMISSIONS
14.1 Any ideas that you submit to us on how to improve our Site, the Services and Products automatically become our property and you lose any right or interest you had in such idea. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at customerservice@imponline.co.uk and insert “New Ideas” in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
14.2 If you have any comments or questions about our Products and or Services please contact our Customer Service Department by clicking Contact Us.
15. DELAYS
15.1 If anything happens that is beyond our control such as, without limitation, an act of God, an act of Government or of a regulatory body, a national emergency, war, riots, fire, flood, or any other natural disaster, labour strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any Service and/or Products or any delay caused by such event beyond our reasonable control.
17. APPLICABLE LAW AND JURISDICTION
17.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
18. ENTIRE AGREEMENT
18.1 These Terms constitute the entire agreement between you and us with respect to the Site, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
19. ASSIGNMENT
19.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.
19.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
20 EXCLUSION OF THIRD PARTY RIGHTS
20.1 These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.