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Imaginuity Interactive, Inc. legal terms of use

 

 

Last Update February 12, 2018

Please carefully read the following terms and conditions governing your access to and use of the website at http://www.imaginuity.com (such website hereafter the “Site” and such terms and conditions hereafter the “Terms”) provided by imaginuity interactive, inc., (“Imaginuity”). By accessing or using the site, you agree to abide by these terms. If you do not agree to abide by these Terms, do not access or use the Site.

You must be at least eighteen (18) years of age to access and use the site.

Site Content

“Content” shall mean content on the Site, including, without limitation, text, images, photographs, logos, data, audio, and video, whether posted online or privately transmitted by Imaginuity. The Content is provided for informational purposes only and is not binding on Imaginuity in any way. Imaginuity may update any Content at any time and without notice.

The Content is protected by copyright, trademark, and other intellectual property laws. The Content is the intellectual property of Imaginuity or Imaginuity’s third party licensors. You may not copy, reproduce, republish, upload, post, transmit, publicly perform, distribute, create derivative works of or modify the Content without Imaginuity’s prior written permission, which it may withhold in its absolute discretion. You may view and use the Content only for informational purposes. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices.

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site or the Content is expressly prohibited.

Materials You Submit

You are responsible for any materials or information you submit via the Site’s request form, including the legality, reliability, appropriateness, originality and copyright of any such materials. You may not transmit or post unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be criminal, give rise to civil liability, or otherwise violate the law. Imaginuity has the right to fully cooperate with any law-enforcement authorities or court order requesting or directing the disclosure of the identity or any information you submit via the Site.

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, liabilities, or practices of linked sites, including, without limitation, their privacy policies. Links to other sites are provided for your convenience only, and you access them at your own risk.

Disclaimers

THE SITE AND THE CONTENTS THEREIN ARE PROVIED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, (ii) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, DELIVERABLE OR OTHER MATERIALS RELATED TO THE SITE, (iii) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (iv) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL IMAGINUITY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IMAGINUITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH IMAGINUITY IS TO DISCONTINUE YOUR USE OF THE SITE.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be in the state and federal courts located in Dallas County, Texas. Any claims or causes of action arising from these Terms or relating to your access and use of the Site must be instituted within one (1) year from the date on which such claim or cause of action arose.

Additional Terms

Imaginuity may modify these Terms at any time and for any reason and without notice. Your continued usage of the Site after such changes have been made constitutes acceptances of any changes. You should review these Terms periodically to note any updates or changes.

We may suspend, restrict, or prohibit your access to the Site at any time and for any reason.

If you have any questions or comments about these Terms, you may contact us at 214.572.3900.

Imaginuity Interactive, Inc.

This privacy policy discloses the privacy practices for www.imaginuity.com (the “Site”), operated by Imaginuity Interactive, Inc., 2633 McKinney Ave, Ste 130-477, Dallas TX 75204 (“Imaginuity” or “We”). This privacy policy applies solely to information collected by the Site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the Services, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information That is Automatically Collected; Cookies; Do Not Track

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. This information includes internet protocol (IP) addresses, the geographic area where you use your computer and mobile devices (as indicated by an IP address or similar identifier) and the associated URL and business name, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data. We use this information, which does not identify individual users, to analyze trends, to improve our understanding of visitor interests, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personal information.

We may also use a standard feature found in browser software called “cookies” or similar technologies, in accordance with industry standards. Cookies are pieces of program code that reside on a site visitor’s hard drive. 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. Usage of a cookie is not linked to any personally identifiable information on the Site.

You can opt out of the use of cookies by adjusting your browser settings to disable cookies or warn you before accepting a cookie or opting for “Do Not Track” features. Look for the cookie options in your browser in the options or preferences menu. We do not override these settings or options and encourage you to use them to enhance your choices and personalize your experiences.

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 help us analyze how visitors use the Site and to compile statistical data.

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals.

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. We will not sell or rent this information to anyone.

How We Use This Information

We may use the information collected or provided by you, whether personally identifiable or otherwise, 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; 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.

Identifying and non-identifying user information and data may be disclosed or distributed to a third party with which we enter or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase.

Imaginuity reserves the right to disclose information we maintain when required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us; (b) protect and defend our rights or property; and, (c) act under exigent circumstances to protect the personal safety of our users or the public.

Unless you ask us not to, we may contact you via email in the future to tell you about new or updated services, promotions, or changes to this privacy policy. Opting out of communications may be done by selecting the opt-out option in the communication itself.

Links from Our Site to Other Sites

Our Site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security
We use physical, electronic, and procedural safeguards to protect your information. Our infrastructure is hosted and managed within Amazon’s AWS Environment, which continually manages risk and undergoes recurring assessments to comply with industry standards. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Please be advised that the security and confidentiality of any communication or material transmitted through the Internet or any wireless network, including via our Site, email or text messages, cannot be and is not guaranteed.

Your Access to and Control Over Information

You can do the following at any time by contacting us via email at support@imaginuity.com.

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

We reserve the right to confirm the identity of the requester and limit the frequency of an individual’s requests.

Sharing

Aggregated demographic information may be shared with our partners and/or advertisers. This is not linked to any personal information that can identify any individual person. We may partner with another party to provide specific services, such as credit card processing and site administration/operation, and we will share names or other contact information that is necessary for the third party to provide these services.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at support@imaginuity.com.

Effective Date: 02/23/2018