REGISTERED USER AGREEMENT - Imagine
Version 2 - 250809
ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT http://imagine.uk.com ("Site") OR ANY INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGSITERED USER AGREEMENT ("Agreement").
1.Contracting parties. When you register with the Site, you are contracting with The Imagine Corporation Limited, a company registered in England with its registered office at 1 Graham Road, Wimbledon, London, SW19 3SW, United Kingdom. The Imagine Corporation Limited is referred to in these terms and conditions as "we", "us", "our" or "Imagine". You must be at least 18 (eighteen) years old to register with the Site.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You agree that you will be responsible to Imagine and to others for all activity that occurs under your registration account.
3. Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site ("Content") is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, often at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that Imagine does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
4. Your Personal Information. You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.
5. Ownership of Content. Imagine, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
6. Submitting Material. If you upload any material to the Site (including, without limitation, written comments) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
7. Originality. You warrant that all materials you submit to the Site are original and do not infringe the rights of any third party. You also warrant that the material is not obscene, offensive or defamatory to any person or otherwise illegal.
8. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to reportabuse@imaginecorp.uk.com.
9. Termination of this Agreement. Imagine may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
10. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Imagine. Imagine will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Imagine or any other parties through User's use of the Site or services provided via the Site. Imagine reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User's IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
11. Your Use of the Site and the Content. You agree not to use the Site or any of the Content for the solicitation of business or in connection with a commercial enterprise, not to solicit, for commercial purposes any other users with respect to their submitted material, and not to access any Content on the Site for any reason other than your personal, non-commercial use solely via the normal functionality of the Site.
12. Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, "Imagine" "obtaining the unobtainable") are the trade marks or trade names of Imagine or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Imagine.
13. Liability. User agrees that the liability of Imagine to User under this Agreement shall be limited to the amount User has actually paid to Imagine for its products or services during the twelve months immediately prior to the notification to us of any claim you may make. Except as set out herein, Imagine shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Imagine.
14. Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
15. Indemnity. User agrees to indemnify Imagine for any loss or damage that may be incurred by Imagine, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site. User further undertakes to indemnify Imagine for all loss or damage incurred by Imagine in relation to any third party claim against Imagine for infringement of intellectual property rights.
16. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
17. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
18. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
19. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
20. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
21. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales . Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
COMPETITION GENERAL TERMS AND CONDITIONS
- The promoter of the competition is The Imagine Corporation Limited.
- Entry into the competition by you evidences your acceptance of these competition terms and conditions.
- All contestants must be over the age of eighteen (18) at the date of entry to the competition.
- All Competitions run through the Site are subject to separate additional terms and conditions and/or rules that are posted on the relevant page of the Site and will be brought to your attention at the time of entry into the Competition.
- The winner will be the person whose entry matches the question set for each competition.
- In the event that more than one entry matches the correct answer the winner will be decided by setting a tie-breaker question or series of questions.
- If no entry matches the correct answer the entry closest to the answer will be the winner.
- Imagines selection of winners and allocation of prizes will be final in each case and no correspondence will be entered into.
- In respect of any specific Competition, we may set a target for the minimum number of tickets sold which must be reached by the relevant date for that Competition. If any such threshold is not reached by a certain date then that Competition may not be held and all Entrants will be refunded the amounts paid for tickets purchased for that Competition.
- Each Competition Prize may itself also carry a reserve and in the event this is not met by that minimum number of sales of tickets but the effect of Clause I is met, then Imagine reserves the right to pay the winner 60% of the prize money of all entrants in place of the property itself
- Imagine reserves the right to change, suspend or cancel any competition without specifying reasons and without incurring liability as a result, and to change these terms and conditions and/or the prize by notice on the Site (effective from the date and time of posting).
- By entering the Competition, you hereby warrant that all information submitted is true, current and complete. Any Entrant who has supplied incomplete, inaccurate or fraudulent information may be automatically disqualified.
- We reserve the right to disqualify you if we have reasonable grounds to believe you have breached any of these terms and conditions.
- The Competition is not open to employees or contractors of Imagine or any person directly involved in the organisation or running of the Competition(s) or their immediate family members.
- All prizes are non-transferable to anyone other than a registered winner, non-negotiable and non-refundable and have a cash value of no more than the sum posted on the relevant page of the Site (if any) or as determined by Imagine in its reasonable discretion.
- Imagine reserves the right at any time to substitute any prize with a different prize of similar and/or reasonable value.
- The prize(s) on offer shall be awarded by Imagine subject to availability.
- Please note that (where applicable) all taxes and insurances and/or other expenses are the sole responsibility of the winner(s).
- The terms and conditions of any related third-party supplier or suppliers may apply and must be accepted by the winner.
- Registered Users may enter and become an Entrant by providing the requested details and answering the question(s) via the Site.
- The prices for entry to each Competition are listed on the relevant page of the Site.
- You may enter as many times as you like and you may buy as many tickets as you like.
- The winner of each Competition will be ascertained on or after the closing date of the relevant Competition and will be notified by text message and/or email after the date deadline of the Competition. Where further information is requested, the winner shall have seven (7) days to respond in full to the notification email or an alternative winner may be chosen or short-listed.
- Failure to claim and accept any prize within seven (7) days, or in the manner specified, may result in disqualification or selection of an alternate winner. Imagine shall not be liable if a prize cannot be accepted by a winner for any reason. Name(s) of winner(s) and runners-up may be posted in the news section on http://imagine.uk.com/competition or www.imagine.uk.com
- All winners must agree in writing to participate in reasonable post-competition publicity surrounding Imagine, the Site and related Imagine events, including the use by and association of the winners name and likeness with Imagine, the Site and such related Imagine events. Refusal to such agreement in writing may result in disqualification or selection of an alternate winner.
- Delivery of prizes to winners, at our cost, shall be arranged by Imagine.
COMPETITION SPECIFIC TERMS AND CONDITIONS
UK Property Competitions:
- On each Main page for any Property Competition, will be stated the additional money sum that will be provided to the Winner to cover legal expenses in the transfer of the property to him or her and one years Council Tax and Water and drainage charges. The winner will also be required to sign a disclaimer for any other claims against the owner or Imagine over and above this sum.
- It is reiterated that each competition is run subject to Clause I and J in the General Conditions.
- On each Main Page for any Property Competition, the full statutory details for that property at H.M. Land Registry are provided enabling you to review the legal history of the property and any restrictive covenants affecting the property. It will be noted that a Caution has been registered establishing that the property may not be sold by the current owner until the competition has been concluded
- Each property, where there is currently a mortgage or loan secured on the property, these will be discharged on the completion of the competition and the transfer of legal title to the Winner will be made free of any such mortgage or secured loan.
- A completed Home Improvement Pack will be provided at the completion of the property transfer to the Winner who is required to accept it without further claim on the existing owner.
- At completion the Winner will be presented with all the search results to enquiries they have made in accordance with standard UK conveyancing practice to local government and relevant utility providers.
- The Main Webpage for each property competition will state whether that property is Freehold or Long Leasehold.
- Regarding liability for Stamp Duty, click here to read a letter from HMR&C regarding the absence of liability for property competitions of this kind.
- The Winner should seek advice on the future potential for Capital Gains tax and how legitimately this can best be mitigated or avoided on any subsequent sale.
- The legal documentation relating to each property competition and the transfer of legal title to the winner will be in a form which facilitates that winner to live in the property, lease it to another, or sell it by private sale or public auction, as the Winner decides.
- It is reiterated that Imagine will inform the Winner of each competition by text to the mobile number and the email address provided by him or her on registration for that Competition and if the Winner does not respond within 7 days then the entrant adjudged to be second will be awarded the prize