Terms and Conditions

Membership Terms and Conditions

Welcome to Imagination Factory Research Lab! Please take the time to read and understand these Membership terms and conditions (“Terms”, hereafter). They govern your benefits and obligations as a member of Imagination Factory Research Lab. You agree to the Membership Terms as a legally binding contract between you and Imagination Factory Research Lab (“LAB”, hereafter). 

1. Membership

 

If you are under 18 years, you must receive permission from your parents/guardians before becoming a member. Your Membership is non-transferable. You must not share any material or service with anyone else.

You are responsible for every use of the membership service that occurs in conjunction with your usage. You must use reasonable efforts to keep your credentials confidential for you to access our material and service. You must also notify us as soon as you become aware of any unauthorized use of your membership and credentials.

When accessing and using the membership services, you must comply with directions, instructions, or protocols.

2. Payment Agreement

2.1. Application/Registration fee

You understand and agree to pay the application fee at the time of application to be considered as an applicant to join LAB. Application fee will be automatically transferred as a registration fee once the applicant is accepted as a member. This will not be refunded unless applicants are not accepted as members.

 

2.2. Monthly payment

You understand and agree to pay certain membership fees due at the first day of every month to receive any relevant membership service during the month. The applicable fees will be as agreed between you and LAB. We may direct you to make payments to another Group Company or third-party payment agent. If we (or our designated agent) do not receive payment for any charges due, we may immediately suspend your rights in relation to the relevant service. You are responsible for the payment of all charges associated with the use of the service.

 

2.3. Terminating membership and refund

You understand that you are able terminate your membership by providing at least one-month prior written notice to LAB. We shall refund you on a pro rata basis any membership fees you have paid in advance.

We may, in our discretion, immediately restrict, suspend, or terminate your membership and access to the service if we consider you in breach of these Membership Terms, any other Site rules, or applicable law. We reserve the right to refuse membership in our discretion.

If we terminate your rights in relation to any membership service, unless you are or have been in breach of these Terms, we shall refund you on a pro rata basis any membership fees you have paid in advance for the relevant cancelled membership which related 

to any unexpired part of the membership period at the date of cancellation. You are still responsible for any fees or other charges incurred by you until the cancellation of your rights in relation to the relevant membership service.

 

3. Rights to service

 

Your membership gives you a right (a revocable, non-exclusive license) to use the service for personal purposes. You must not redistribute any content (such as tutorials, eBooks, videos, courses, and source files), any project files (spreadsheets or other assets associated with content), and any material that is included to demonstrate the lecture or tutorial. 

You may use, modify, and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets.

The trademarks and logos displayed in the content are, unless otherwise stated, those of LAB and others, and you must not use these without the approval of the relevant owner.

 

4. Fair use and prohibited conduct

 

Your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the service and the content must be fair, genuine, and reasonable in the light of your education and learning needs. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.

You also must not:

A.     use a false email address, impersonate others, or misrepresent your affiliation with others;

B.     insert advertising, branding or other promotional content;

C.     attempt to gain unauthorized access to computer systems or materials;

D.     engage in automatic gathering of information from or through the service (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);

E.      attempt to interrupt or alter the operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);

F.      use the service or the content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or

G.     except as allowed in these Membership Terms, copy, distribute, transmit, modify, or otherwise exploit the content or any other data or code made available through the service.

 

5. Community rules

 

We reserve the right, but are not obliged, to monitor all matter posted during service. We are not responsible or liable for material used by members. We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.

You must not upload or post any materials that:

A.     restrict or inhibit others’ use or enjoyment of the service;

B.     are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;

C.     infringe others’ rights, including privacy or intellectual property rights;

D.     disclose personal information about others, particularly sensitive information;

E.      contain a virus, spyware, or other harmful component; or contain commercial solicitation or ‘spam’ of any kind.

 

6. Liability and disclaimer

 

Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms. Except as provided in an applicable Non-excludable Law:

A.     we do not promise that the service will be uninterrupted or error-free, that any defects will be corrected, or that the service are free of viruses or any other harmful components;

B.     we make no promises regarding your access to, or the results of your access to, the service in terms of correctness; accuracy, timeliness, completeness, reliability or otherwise.

C.     we do not guarantee any academic or financial success in any aspect as the results of the service.

 

Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss of revenue, or loss of profits which result from any use of or access to, or any inability to use or access, the service.

 

7. Expenses

 

Unless otherwise stated in this Term, each party shall bear on its own accounts all internal costs and expenses incurred by it in connection with the Term, including, without limitation, personal devices, software, textbooks, conference registration, paper publication, travel, accommodation, meals, legal, accounting, and any other expenses.

   

8. Privacy

 

Our information collection and use of any personal information about you is set out in the Terms. Personal information that you disclose may be used by LAB, its agents, and contractors in relation to your membership and the service, including marketing activities for the service. We may disclose any personal information as necessary to satisfy any law, regulation, or government request.

We are also aware that there are implications for having members who are under 18 years old. Their personal information remains secure and confidential to be compliant with FERPA, COPPA, GDPR, CCPA, and many other privacy regulations.

 

9. Changes to Membership Terms

 

We may change these Membership Terms from time to time, but we will notify members with at least one-month prior written notification. You will be given the opportunity to terminate your subscription with a pro-rata if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.

 

10. Governing Law

 

You agree that this Term in all respects and any claim or cause of action based upon or arising out of this Term or any dealings between you and LAB relating to the subject matter of this Term or the transactions contemplated hereby, or the relationships being established hereunder, shall exclusively be governed by, and construed in accordance with, the laws of the United States.

You and LAB irrevocably submit to the jurisdiction of the courts in the California, and all related appellate courts, all of which shall have exclusive jurisdiction to hear and settle any suit, action, proceeding or other dispute arising out of or relating to this Term and submits itself and its property to the jurisdiction of the foregoing courts with respect to such suit, action, proceeding or other dispute, hereby waiving any other jurisdictions which may be available thereto by reason of domicile or otherwise.