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| Please read this agreement thoroughly and carefully before entering or using this site. Upon entering and accessing Imagination Café, you agree to be bound by this agreement, and therefore are subject to the terms and conditions set forth below. Welcome to the Imagination Café website! By using the Imagination Café website, you are implying your agreement to these terms of use. If you do not agree to these terms, you may not access or use the Imagination Café website. We (Imagination Café and its agents and employees) reserve the right, at our sole discretion, to modify, add, change, or delete portions of these terms of use at any time. Restrictions on Use All web design, characters, and materials contained in the Imagination Café website are its sole copyrighted property, as well as the copyrighted property of any of its current and/or future affiliated companies or licensees. No material from this website may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of an Imagination Café material on any other website or computer environment, or for any commercial or public use, is strictly prohibited without first obtaining written consent from Imagination Café. Safety We comply with Internet child safety guidelines, such as the Children's Online Privacy Protection Act of 1998 (COPPA), therefore we ask for a parent or guardian's email address before a child can join Klub Krumbs or participate in other members-only areas of the website. As required by law, all parents receive:
Imagination Café does not:
Discussion Boards Any forums offered as part of the Imagination Café website have strict rules regarding participation. If you use our forums, you acknowledge that these are public and not private communications. Imagination Café can not make any guarantees regarding the security of any information you disclose online, and therefore we urge you to familiarize yourself with online safety rules. We reserve the right to remove or edit content from any forum, and will try to remove or edit that content which we view as inappropriate for our audience, but we are not obligated to do so. Posting guidelines are as follows: Users shall not upload to, distribute through or otherwise publish, via email, message boards, or otherwise, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute a criminal offense, violate the rights of any third party, or that would give rise to liability or violate any law. Children, therefore, should adhere to the following rules while using our forums:
Imagination Café reserves the right to terminate any screen name it reasonably believes is being used by an adult, is being used for commercial purposes, or is otherwise in violation of this Agreement. Amending the Privacy Policy and Terms of Use We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. At that time, we will post notice of any such change, modification, addition, or deletion on the Imagination Café website. Cookies (not Krumbs!) To reiterate, Imagination Cafe is committed to providing a fun, entertaining and safe website for children 13 and under. Therefore, we only collect personally identifiable information online from children under 13 with parental consent. For example, we only use a user's valid email address to send these users (and their parents) a message to activate their Klub Krumbs account, or to notify them if they have won a contest or giveaway as a member of Klub Krumbs. Additionally, we use member addresses to send our Café Crack-ups, weekly newsletters that contain site updates, as well as riddles and jokes for kids to enjoy. Each newsletter contains instructions on how to be removed from the subscription list by sending a return email. We will occasionally respond to emails coming to the Suggestion Box without parental consent, but this will only be a one-time correspondence. Or, we may respond on a one-time basis when we have requested feedback from a user. Otherwise, we have no obligation to respond to our visitors' correspondence, though we love hearing from them! Additonally, when visitors come to our site, we automatically collect some personally identifiable "computer" information, such as the type of computer operating system, the user's "IP" address, the web browser being used, and information regarding the Internet Service provider. Imagination Café uses a software technology called "cookies". Cookies are small text files that we and certain third parties place in visitors' computer browsers to store their preferences. Cookies themselves contain no personally identifiable information, rather, we use them only to determine how many visitors we have and how often they visit various sections of the site. Our site occasionally contains links to other sites, including possibly those of sponsors or advertisers, whose information collection practices may differ from ours. Sometimes the other sites might conduct contests or giveaways that are promoted on Imagination Cafe. Third party websites may also use cookies. Visitors should therefore consult the other sites' privacy notices, since those sites are not covered by our privacy policy and may follow procedures that are different from Imagination Café. Information Contained on Imagination Café Imagination Café and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on this site. While Imagination Café strives to keep the information on this site accurate, complete, and up-to-date, Imagination Café can not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information. Imagination Café and its agents and suppliers disclaim all express and implied warranties with regards to the information, services, and materials contained on this website, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All such information, services, and materials are provided "as is" and "as available" without warrant of any kind. In no event shall Imagination Café or its agents or suppliers be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. With respect to goods or services purchased through this site, Imagination Café's liability, in any case, is expressly limited to replacement of defective goods, or, at Imagination Café's election, to the repayment or crediting of buyer with an amount equal to the purchase price of the goods. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations. Hold Harmless You agree to indemnify, defend and hold harmless Imagination Café, its affiliates and suppliers from any liability, loss, claim, and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site. If you have any questions about Imagination Café's Privacy Policy, please email us at the following address: If you would like to register as a member of Klub Krumbs and Imagination Café, please click here.
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