TERMS of Service

for IMAGEINATION LLC Services at Imagenisis.net

When you take your first steps on the road to success with your goals, do so with a confidence that comes from not only knowing the direction you want to take, but also by being as confident as possible that your message represents you. Coach led teamwork is preferred to working alone on projects that involve a degree of digital literacy. Tools that present themselves require knowledge and experience to increase the impact of your message. Swervices now presented by IMAGEINATION LLC, at URLs: imagenisis.net and imageination.us are designed to help you to identify choices and options for your projects.

DEFINITIONS: Please note definitions of the following as they apply to, or are used to explain products and services offered here:

-agreement: consent to terms and conditions for project development offered by invoice or contract

-Customer, customer, you: individual, group, business or organization requesting project development

-Creative Collaboration: name for project development that requires varying degrees of customer input to the process

-Imageination or Imageination.us: us, we: the company responsible for offerings at imagenisis.net (noted as IMAGEINATION/IMAGENISIS on occasion)

-instruction: information designed to improve digital literacy on the personal computer presented in computer lab, online via webconference, and in titles called INTRODUCTIONs to computes and the Internet authored at Imageination.

-project development: the steps taken to respond to a customer request, beginning with an inquiry and ending with the finished product

-participant: customer who is the recipient of instruction in a one-to-one or group setting onsite or online via webconference.

-project deliverables: finished products including authored text, images, animation, sound, page design as requested by the customer

-third-party: consultants, specialists, service providers whose contributions may require the customer to give separate consent and/or accept separate payment arrangements (e.g. license, subscription)

-URL or location on the worldwide web for IMAGEINATION LLC: www.imagenisis.net with alternate access at www.imagenisis.com and 

IMAGEINATION LLC

Imagenisis.net (the company is IMAGEINATION LLC) is the power or process of forming a mental image of something not present. For example: a collection of loose photos and papers can result in the expected portfolio or, with personal attention it can be a vivid description of who you truly are. Apply that same power (we say energy) or process (we say IMAGENISIS) to your new company logo, your new resume, or those boxes of photos you plan to exhibit at the family reunion. The recipes require the same main ingredient - a study of you, of your experience, your physiology, your favorite music, even your birthdate! Add to that healthy measures of artistic talent and technical expertise (if we don't have it on staff we'll find it!) and the outcome will be unique - it will reflect you! Coach led support favors teamwork to increase your digital literacy.

Offerings at imagenisis.net by IMAGEINATION LLC  are grouped under three main headings to help with reviewing options:

• LEARN- offering approaches to project development that include varying degrees of customer involvement with access by links to relevant resources
• SHARE - offering opportunity for discussions presented in webconferences presented on calendars accessed by subscriptions for participation by customers
• VISIT- to links presented for customers to access for information, instruction, introduction to services or devices meant to assist wiith project development

Project development at IMAGEINATION/IMAGENISIS is meant to guide the mental picture of you that others will form when you cannot be physically present. "You never get a second chance to make a first impression."

Instruction is designed to increase your skill and comfort with the personal computer - desktop or laptop. Instruction is presented in groups or one-to-one in settings that include: computer labs, online via webconferenc, and with written tools designed for use from the desktoop or laptop computer.

The following provides a step-by-step of the process. Let us work with you and your budget to meet your needs and to produce the set of tools that send the message you want received. An Invoice or formal agreement will outline the specifics of the project, costs, and timeframes involved. Outlined below are the details of our services:

IMAGENISIS LLC - PROJECT DEVELOPMENT

ADVERTISING

REQUIREMENTS for Service Delivery

PAYMENT TERMS FOR IMAGEINATION SERVICES

CUSTOMER RELEASE

RELEASE for PROMOTIONAL CONSIDERATION is a separate document presented to customers, collaborators, providers and other associates to seek formal permission for display of images, sounds or links to resources as part of activity to generate interest in products and services.

CUSTOMER eMail PREFERENCES is a separate document presented to Customers with active project accounts and inquirers who submit IDEAS on the ImageQUERY form.-NEW

IMAGENISIS - PROJECT DEVELOPMENT

Project Development at imagenisis.net is Custom in nature and includes varying degrees of Customer involvement in the process called Creative Collaboration. The degree of involvement is a Customer choice. In general, project development will go forward according to the following:

INQUIRY: Project specifications are given at completion of a written application or an interview. Customers are asked to indicate the degree to which they want to be involved at application. This may affect costs.

ESTIMATE: A general outline of project activity and costs based on Customer inquiry is presented to the Customer on an Invoice for review and approval. Estimates are presented free of charge

QUOTE: A detailed outline of project activity and costs based on interaction with the Customer is presented on an Invoice, with detailed outline attached, or by individual contract for review and approval. Costs for quotes are dependant upon the complexity of a project and the detail requested. Costs for a quote are non-refundable and are deducted from the total costs for project development.

AGREEMENT/AUTHORIZATION: Customer agreement is entered by written acceptance - signature or email - of the Invoice or by agreement to a contract. or by payment of the DEPOSIT required to begin project development. Customers will be asked at various times to approve elements of the project . Deadlines will be indicated for:

- START of Project and at various points in project development. Authorizations may be presented in writing, by email, or by vocal consent of the Customer on record

- DRAFT - Customer will be ask to approve with recommendations for minor changes.

- PROJECT COMPLETION - PAYMENT of Balance accompanies approval to FINALIZE the project. OWNERSHIP of Deliverables:

Project deliverables are the property of IMAGEINATION until final payment is received unless specified otherwise by contract. Deliverables become the property of the Customer as agreed to and indicated in Estimate or Quote invoices or by Contract.

COPYRIGHT PROTECTION and Works Made for Hire

Deliverables such as logo designs, illustrations, ecommerce websites, and computer programs completed by Imageination (independent contractors) are not considered works "made for hire."¹ Rights relative to these deliverables are owned by Imageination and the completed work can reproduced or utilized outside the initial project scope. Customers seeking ownership and copyright protection for works not declared as works "made for hire" can request a written transfer of copyright ownership at Inquiry. This request will become a part of the project Estimate, Quote, or Contract.

¹ A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a ''supplementary work'' is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an ''instructional text'' is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities." ("The Copyright Act of 1976," Title 17, Chapter 1, Section 101.) >

ADVERTISING

Advertisers whose products and services appear in LINK or ADV Depot, as owners, are responsible for the content of their ads - here referred to as ADV. IMAGEINATION artists and web designers are responsible only for the display of the products and services. Appearance of such advertising at www.imagenisis.net - Custom Image Works - is neither an expressed nor implied endorsement of the products and services by IMAGEINATION. IMAGEINATION reserves the right to discontinue display and link to objectionable content. Allowing advertising doesnot represend endorsement of the specific services or products.

Ads - ADV - are available for display at www.lmagenisis.net, specifically www.links.imagenisis.net., in:

1. HTML newsletter, LINK, circulated periodically, 3 to 4 times per year
2. ADV Depot, an indexed ad directory accessed at www.imagenisis.net
3. Other choices at customer discretion

ADVs include:

1. Link line with email return and/or URL link.
2. Image or business card display link with email return and/or URL link.
3. Multimedia, including FLASH animation - .swf - and Quicktime-edited audio or video clips.

ADV content is developed by request and payment of a deposit to start projects. Display of ADV content occurs with payment of account balance. Customers become owners of the ADV at completion, which can include digital watermark references.

REQUIREMENTS for Service Delivery

IMAGEINATION LLC Services are developed with the consent of and for use at the discretion of the Customer. Customers entering into agreements acknowledge that personal qualities and preferences submitted on forms and/or in consultation are the basis for the contention that IMAGEINATION LLC products specifically represent the unique qualities of the Customer. There are responsibilities that accompany this approach. They are outlined in "Requirements for Service Delivery" and are presented here for Customer acknowledgement. Customer signatures) - checkmark indicating agreement to the Customer Release signifies review of and agreement to these requirements and must precede delivery of any service following the initial consultation, in person or by electronic submission of the FLAVOR Application. Information transmission and storage requirements are outlined in the PRIVACY STATEMENT.

REQUIREMENT: IMAGEINATION/IMAGENISIS makes no guarantee for commercial or other success and accepts no liability for outcomes from the use of materials developed for the Customer. Signature to the Customer Release acknowledges this condition with agreement to hold harmless. Acceptance of products under these conditions is further acknowledgement this requirement by the Customer.

REQUIREMENT: IMAGEINATION/IMAGENISIS makes no guarantee or warrantee for participant use of instruction or coaching provided in one-on-one or group settings, onsite or online. Agreement is signaled by acceptance of details, terms and privacy statement on the quote invoice or by VeriSign secured online payment. Introduction to computer use or other topics (specific software or project) presented in lab settings are based on available computers though meant to be adaptable for general use by participants. Security and privacy are the responsibilities of the site and equipment owners. As instructor, IMAGEINATION/IMAGENISIS is held harmless for the consequences of lapsed security and/or inappropriate use of computers and Internet access.

REQUIREMENT: IMAGEINATION/IMAGENISIS Services require Customer Release and Hold Harmless agreements appropriate to the services rendered. Copyright of original materials is assigned to IMAGEINATION/IMAGENISIS as the artist/developer, by appropriate registration. Materials produced remain the property of IMAGEINATION/IMAGENISIS until receipt of Final Payment and delivery to the Customer. Written release by the customer is required for use of materials for IMAGEINATION/IMAGENISIS promotional purposes and cannot be reassigned.

REQUIREMENT: Approval Signature executed by the Customer requires the individual to be eighteen (18) years of age or older, verified by statement or identification. Responsibility belongs to the Customer for use, display, duplication and/or distribution of the materials developed on the behalf of the Customer and paid for as agreed to.

REQUIREMENT: IMAGEINATION/IMAGENISIS accepts no requests to produce materials for restricted adult and/or pornographic use. Photographs/images of minor children (age 18 and under) must be accompanied by specific release and hold harmless from the parent/caretaker. Any submissions of such photographs or other media without release require notification of child protection authorities for appropriate action.

REQUIREMENT: Development of materials of a sensitive, political, religious, or controversial nature are produced at the request of the Customer. The production and display of these materials for professional, promotional or entertainment purposes does not constitute endorsement of the Customers orientation by IMAGEINATION.

REQUIREMENT: Customer information submitted via secure internet connection (SSL) in the course of project development is Confidential. Any analytical notes used for product development are considered private and considered unusable for diagnostic purposes. These materials are given a "for entertainment purposes only" designation. Such information will remain in IMAGEINATION/IMAGENISIS files unless release is specifically requested and/or authorized by the Customer. Customers may elect to authorize display/discussion of products/projects with submission of a Release for Promotional Consideration

• COACH (INSTRUCTION) fees are based on individual agreements on invoices that include a general description of content, location and participation requirements in addition to related costs.

• MATERIALS fees represent costs for extraordinary, special order, or one-of-a-kind supplies and/or production techniques.

• Services of a photographer, printer, webhosting, or other third-party specialists arebilled direct to the CUSTOMER or included in billing . NOTE: Release of products to IMAGEINATION are contingent upon terms being met between the CUSTOMER and the PROVIDER. Failure to meet terms may result in project development delays. CUSTOMER is therefore advised to carefully consider the financial impact of making highly specialized, extraordinary requests of either IMAGEINATION or the third-party specialists.

1offered in keeping with the enactment of "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or the CAN SPAM ACT of 2003 by the 108th Congress of the United States of America, first session January 7, 2003.

- CHANGES to TERMS of Service -