Last Update October 12, 2010
Changes in Terms
Imaginuity shall have the right at any time and without prior notice, at its sole discretion, to modify these Terms or to impose new terms with respect to access to or use of the Site. Such modifications and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the modified or additional terms on the Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed apprised of and bound by any modification by Imaginuity of these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR ADDITIONS. No modification to these Terms by any party other than Imaginuity shall be valid or enforceable against Imaginuity unless expressly agreed to by Imaginuity in writing signed by a duly authorized officer of Imaginuity.
These Terms are effective until terminated by Imaginuity. Imaginuity may terminate these Terms without notice and at any time in connection with the Site. In the event of termination, You are no longer authorized to access the Site. The disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination. Imaginuity shall also have the right without notice and at any time to terminate access to or use of some or all of the Site, or any features of the Site, or to terminate any individual’s access to or use of the Site or any features of the Site.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site. You must be 18 years or older to use the Site.
All material on the Site including without limitation all text, images, photographs, graphics, logos, illustrations, descriptions, data, audio, video, messages, files, documents, derivative works, and other materials, whether publicly posted or privately transmitted, provided by Imaginuity, as well as the selection, assembly, and arrangement thereof are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Imaginuity may update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Imaginuity in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Imaginuity or by third parties that have licensed their use to Imaginuity. Imaginuity disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, service marks, logos, and slogans displayed on the Site are the intellectual property of either Imaginuity or other third parties. You agree not to display or use such marks without Imaginuity’s prior written permission. You may view and use the Content only for Your personal information and for no other purpose, and You shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Imaginuity does not grant to You or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on the Site, including without limitation by transferring, downloading, or otherwise copying. The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Imaginuity of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Imaginuity, and Imaginuity is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and You access them at Your own risk.
Disclaimer and Limitation of Liability as to the Site and Content
Imaginuity MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR MATERIALS. Imaginuity ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL IMAGINUITY, ITS SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF IMAGINUITY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Imaginuity, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against Imaginuity shall be governed by and construed in accordance with the laws of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Northern District of Texas and Dallas County.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Imaginuity of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Imaginuity shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
If you have any questions or comments about our Legal information, you can contact us at 214.572.3900. Imaginuity Interactive, Inc.
Last Updated October 12, 2010
Types of Information We Collect
Imaginuity collects various types of information from our visitors (“You” or “Your”) so we can best serve Your needs and expectations. This information may be collected directly by us, or it may be collected by a third-party website hosting provider, or another service provider, on our behalf, for the purposes described below.
Information That is Automatically Collected
We collect and store non-personally identifiable information that is generated automatically as You use the Site, such as information about Your computer’s connection to the Internet.
We may also use a standard feature found in browser software called “cookies” to enhance Your experience with the Site. Cookies are small pieces of program code that reside on Your computer. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user interests, trends, and patterns, all of which helps us make our Site more useful. Cookies also may prevent You from having to re-enter Your contact and/or preference information as you navigate to the Site.
The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site. Web beacons are small, transparent graphics that are placed on web pages to track how visitors arrive at a website and what they do there. We use web beacons to track visitors’ browsing activities at our website and to compile statistical data.
Information You Provide to Us Voluntarily
In addition to information that is automatically collected, Imaginuity may also collect and store information (including, but not limited to, personally identifiable information such as your name, address, email address, and telephone number) that You provide voluntarily when You request or submit information on our Site. This type of information includes information that You submit electronically when You contact us with questions or request email updates, and information that You post on any public posting areas on our Site.
Certain use of the features and services that are available on the Site are made available only to registered users or customers. In order to register, you must create an account and submit certain personally identifiable information, such as an email address. As part of the registration and account creation process, You also will be asked to create a username and password. These unique identifiers are used to help verify Your identity prior to granting You access to some of the information and services available on the Site. We do not share this information with third parties.
By using the Site, You acknowledge and agree that Imaginuity and our service providers and contractors may have access to data that constitutes personally identifiable information to perform specific business and technical functions on our behalf such as hosting the Site and tracking information gathered on the Site.
How We Use This Information
We may use the information collected or provided by You, whether personally identifiable or otherwise, in a variety of ways, including, but not limited to, for purposes of: processing Your information request or processing any other request; providing You with services and communications You have requested; notifying You of important changes or additions to our Site or of changes to Your account; sending You email updates and other communications we think may be of interest to You; requesting Your participation in surveys; delivering our Site content to You; measuring Site traffic; and improving the Site and the services and features offered via the Site.
By using our Site, You agree that we may use any information submitted by or collected from You via the Site for any of the foregoing purposes, and for any other purpose related to the Site.
We also may provide Your information, whether personally identifiable or otherwise, to our third-party affiliates, including our third-party service providers and contractors, for purposes related to Site administration and operation and to the processing and/or evaluation of any registration request or any other application or request. Our third-party service providers and contractors have agreed not to share Your information with others or to use it for purposes other than those for which we provide it to them.
Imaginuity will not sell or rent information about our registered users or visitors to our Site to any third parties. We may, however, make some content, products and services available through our Site through cooperative relationships with third-party providers, and the brands of such third-party providers may appear on the Site in connection with such content, products and/or services. We may share with such third-party providers any information You provide, or that is collected, in the course of visiting any pages or accessing any products or services that are made available in cooperation with our third-party providers.
Links From Our Site To Other Sites
Some web pages on the Site may contain links to external sites and may provide access to products and services offered by third parties. When you access these external websites, or access products or services from a third party, the providers of these external websites, products, or services will have access to certain information about you. Imaginuity does not control the information collection practices or the privacy practices of the providers of such external websites. Imaginuity is not responsible for the privacy practices or the content of any websites that we do not directly control.
How You Can Update Your Information
You can update your information by contacting Imaginuity Interactive at 214.572.3900.