Terms of Use

Imaginary Kidz, LLC (hereafter “Imaginary Kidz”) provides the santaspuppy.com, kriskringle.com, santaswebsite.com, and santaspostoffice.com websites, games, activities, offerings, and associated content (hereinafter “Website”). Imaginary Kidz hereby adopts the following Terms of Use agreement (hereinafter “Agreement”) to define your rights and duties in accessing the Website, as well as Imaginary Kidz’s rights and duties in providing the Website. You agree that by accessing the Website, you have read, comprehended, and agree to be bound by this Agreement.

 

Imaginary Kidz provides the Website as a service to its users. You agree that Imaginary Kidz will not be held liable for any third-party content or websites not owned and operated by Imaginary Kidz.

 

Imaginary Kidz licenses the Website to you subject to the terms of this Agreement. You are expressly prohibited from using the Website outside of the uses allowed under this Agreement or under your fair use rights under United States copyright law.

 

 

IMAGINARY KIDZ MAY AMEND OR CHANGE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IF IMAGINARY KIDZ CHANGES THIS AGREEMENT, THE EFFECTIVE DATE OF THE AGREEMENT WILL CHANGE. IF YOU CONTINUE TO ACCESS THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THE AGREEMENT, YOU AGREE THAT YOUR CONTINUED ACCESS WILL CONSTITUTE A MANIFESTATION OF ASSENT TO THE TERMS OF THE AMENDED OR CHANGED AGREEMENT.

 

 

1.      You agree to be bound by Imaginary Kidz’s Privacy Policy, which is hereinafter incorporated by reference.

 

2.      Imaginary Kidz has adopted its Privacy Policy to provide you with notice on what personal information Imaginary Kidz collects from children, how that personal information is used, and Imaginary Kidz’ disclosure practices for that personal information. 

 

3.      You understand that you have the opportunity to refuse to permit Imaginary Kidz’ further use or maintenance of any personal information collected from your child. You are advised to read Imaginary Kidz’ privacy policy, which states how you can obtain any personal information that has been collected from your child.

 

4.      You understand and agree that Imaginary Kidz does not collect more personal information than reasonably necessary for a child to participate in any game, offering of prize, or any other activity.

 

5.      You also understand and agree that Imaginary Kidz undertakes commercially reasonable efforts to protect the confidentiality, security, and integrity of personal information that is collected from children.

 

 

1.      Imaginary Kidz may provide you with a user account. You agree to provide Imaginary Kidz with accurate, up to date, and complete information about yourself where requested.

 

2.      You understand that you have an ongoing duty to update your personal information if and when it changes.

 

3.      You agree to keep your user account secure from unauthorized access. You further agree that you are responsible for your user account, and you take full responsibility for any and all use of your user account, whether authorized or unauthorized.

 

 

1.      Imaginary Kidz owns the Website and its associated services and content, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement.

 

2.      Imaginary Kidz also owns any and all trademarks, service marks, designs, and logos that are contained on the Website, including but not limited to the IMAGINARY KIDZ, SANTAS PUPPY, and TRACKER marks.

 

3.      You agree that you may not use the trademarks, service marks, designs, or logos of Imaginary Kidz, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. Imaginary Kidz’ trademarks, service marks, designs, and logos may not be used or imitated without the prior written consent of Imaginary Kidz.

 

4.      The Website content is subject to all applicable intellectual property laws, including by not limited to trademark, copyright, and trade secret law.

 

5.      The Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Imaginary Kidz.

 

6.      Imaginary Kidz grants you a limited license to use and access the Website for your own personal non-commercial use. Any use of the Website outside of the uses expressly stated in this Agreement is prohibited. You are expressly prohibited from using the Website for commercial use, including but not limited to gaining subscription or advertising revenue or to displace the market for goods or services offered by Imaginary Kidz.

 

7.      You may not republish, incorporate, or otherwise use the Website without the prior written authorization of Imaginary Kidz. The use of any data mining, robots, scraping, or other data gathering or extraction methods on the Website is expressly prohibited.

 

8.      You agree that you will not modify or make derivative works of the Website.

 

9.      You agree that you will comply with this Agreement and all applicable local, national, and international laws and regulations.

 

10. You agree that the limited license granted to you by Imaginary Kidz will automatically terminate upon the breach of any of the terms of this Agreement. 

 

11. You agree that Imaginary Kidz may, in its sole discretion, delete your user account and terminate your access to the Website for any reason, including but not limited to a breach of the terms of this Agreement.

 

 

1.      You may appoint others to act as your agent in accessing the Website. You agree that if you provide a third party with access to your user account the third party has the capacity to contract and is your authorized legal agent. 

 

2.      If you appoint a child under the age of 13 to access your user account, you agree that said appointment acts as an affirmative manifestation of your verified consent that your child may access and use the Website.

 

 

1.      The Website is property of Imaginary Kidz and is © 2010 Imaginary Kidz, LLC.

 

2.      Imaginary Kidz hereby grants you a limited license to access and use the Website.

 

3.      Imaginary Kidz will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act (hereinafter “DMCA”). Imaginary Kidz may expeditiously remove copyright infringing materials from its Website, regardless of its liability, upon receipt of a notice that complies with the DMCA’s § 512. Imaginary Kidz, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3). 

 

4.      If you believe that the content hosted on the Website infringes upon your copyright rights, please follow the DMCA steps outlined below:

 

a.       If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the DMCA to provide our registered Copyright Agent with the following information in writing:

                                                   i.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

                                                 ii.      Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;

                                               iii.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Imaginary Kidz to locate the material;

                                               iv.      Information reasonably sufficient to permit Imaginary Kidz to contact you, such as an address, telephone number, fax number, and, if available, an email address;

                                                 v.      A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                                               vi.      A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.      Imaginary Kidz will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the DMCA, your notice may not be processed. Notices of infringement may be emailed to:

c.       Counter-Notification

                                                   i.      If you believe that content has been removed from the Website in error, you may file a counter-notification with Imaginary Kidz’ designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification, Imaginary Kidz may return the allegedly infringing content to the Website.

                                                 ii.      A counter-notification must include:

1.      Identification of the specific materials that have been removed from the Website;

2.      Your name, address, telephone number, and email address;

3.      A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

4.      A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Imaginary Kidz may be found and that you will accept service of process from the person who provided notification or their agent; and

5.      Your physical or electronic signature.

 

 

1.      You agree that, for all legal and non-legal purposes, the Website is located in the State of Rhode Island. You agree that the Website is a passive website and that the Website does not give rise to personal jurisdiction over Imaginary Kidz in jurisdictions other than Rhode Island. This Agreement will be interpreted under and governed by the laws and legal principles of the State of Rhode Island, without regard to conflicts of laws principles or statutes. Any dispute arising out of or in connection with this Agreement will be decided exclusively by arbitration.

 

2.      YOU AND IMAGINARY KIDZ AGREE THAT THE EXCLUSIVE REMEDY, FORUM, AND METHOD OF RESOLUTION FOR ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING DISPUTES AS TO THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT, ITS ARBITRATION CLAUSE, OR ITS TERMS, WILL BE DECIDED SOLELY BY ARBITRATION. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN WARWICK, RHODE ISLAND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ALL DISPUTES WILL BE DECIDED BY A SOLE ARBITRATOR UNDER THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF RHODE ISLAND, AND SAID ARBITRATOR WILL HAVE THE DISCRETION TO AWARD COSTS AND ATTORNEYS FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S COSTS AND REASONABLE ATTORNEY’S FEES. YOU AND IMAGINARY KIDZ AGREE THAT THE DECISION OR AWARD OF ANY ARBITRATION UNDER THIS AGREEMENT MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF RHODE ISLAND THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND IMAGINARY KIDZ UNDERSTAND AND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF RHODE ISLAND IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND IMAGINARY KIDZ HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

3.      A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement as a whole. If any term or provision of this Agreement is found to be invalid or unenforceable, a court or arbitrator, to the extent necessary to make it valid and enforceable, will reform that term or provision. 

 

 

1.      No term or provision of this Agreement will be considered waived and no breach will be considered consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

2.      This Agreement and its incorporated Privacy Policy constitute the entire agreement between the parties with respect to the Website. There are no further understandings, agreements, or representations with respect to the Website that is not specified in this Agreement.  You understand that any additional provisions that may appear in any communication from you will not bind Imaginary Kidz.

 

3.      YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY BRING ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

4.      You understand that you may not assign the rights and duties that you are granted under this Agreement. You also understand that Imaginary Kidz may assign its rights and duties under this Agreement at any time, including but not limited to in a sale of the Website and its associated services or a sale of Imaginary Kidz, LLC itself. 

 

 

1.      IMAGINARY KIDZ OFFERS THE WEBSITE ON AN AS-IS BASIS. YOU UNDERSTAND AND AGREE THAT IMAGINARY KIDZ MAKES NO WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, IMPLIED WARRANTIES, STATUTORY WARRANTIES, WARRANTIES FOR A PARTICULAR PURPOSES, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO DETERMINE YOUR RIGHTS AND OBLIGATIONS.

 

2.      IMAGINARY KIDZ IS NOT RESPONSIBLE FOR ANY USER’S CONDUCT, THIRD PARTY ACTIONS, APPLICATIONS, OR SOFTWARE, OR ANY CONTENT POSTED ON THE WEBSITE BY A THIRD PARTY. IMAGINARY KIDZ ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR ALTERATION THEREOF.

 

3.      YOU AGREE THAT IMAGINARY KIDZ WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THE LICENSE THAT IMAGINARY KIDZ HAS GRANTED YOU TO USE THE WEBSITE, WHETHER THOSE DAMAGES ARE INCIDENTIAL DAMAGES, EXEMPLARY DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, OR PUNTATIVE DAMAGES. YOU AGREE THAT IMAGINARY KIDZ WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000. IF YOU DID NOT PAY FOR THE WEBSITE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY.

 

4.      You agree and warrant that you will indemnify, hold harmless, and defend Imaginary Kidz against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from your use of the Website, your violation of this Agreement, or your violation of the rights of a third party. You agree that your duty to indemnify, hold harmless, and defend Imaginary Kidz will survive the termination or failure of this Agreement and your use of the Website.

 

5.      Imaginary Kidz reserves the right to discontinue the Website or your user account at any time and for any reason.

Site supported by Santa's creative webmaster