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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.

PRIVACY POLICY

Last Updated October 12, 2010

Imaginuity Interactive, Inc. (“Imaginuity” or “We”), is committed to helping visitors to our website (“You”) understand our information collection practices. This Privacy Policy is effective as of October 12, 2010 and is updated from time to time. It is incorporated by reference into our Legal Terms of Use. This Privacy Policy discloses what information is collected when You visit our site located at http://www.imaginuity.com (the “Site”), how we use that information, and how You can update it. By using the Site, You acknowledge that You have read, agree to and accept the Privacy Policy. This Privacy Policy does not apply to any information You may provide to us, or that we may collect, offline and/or through means other than the Site (for example, information collected by telephone). By visiting or using the Site, You agree that Your use of the Site and any disputes over our online privacy practices are governed by this Privacy Policy and Imaginuity’s Legal Terms of Use. Imaginuity reserves the right to modify this Privacy Policy at any time, so please re-visit this page occasionally to check for updates. If we modify this Privacy Policy, we will post the modified Privacy Policy on the Site and update the “Last Updated” date above to reflect the date of the change. By continuing to use the Site after we post any changes, You acknowledge that You have read, agree to and accept the modified Privacy Policy.

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.

You can opt out of the use of cookies by having Your browser disable cookies or warn You before accepting a cookie. Look for the cookie options in Your browser in the options or preferences menu. If You disable cookies in Your browser, however, You may not be able to take advantage of certain of the features or functions of, or products and service available, via 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.

Imaginuity reserves the right to share personal information about You when we believe this to be appropriate to comply with the law or in cooperation with legal authorities, to enforce the Legal Terms of Use of this website, or to protect the rights, property, safety or other interests of Imaginuity or its customers.

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.