Terms of Use

1. AGE Eligibility AND ACCOUNT REGISTRATION: Imagine Island strives to provide a safe and magical online gaming experience for Gamers.  The Services are made available to Gamers of all ages; however, certain functions, features and content within the Services are not intended to be available to all Gamers depending upon the Gamer’s age and account settings selected, as further explained below:

   1.1.        General Account terms:  To use the Services, you must first register and create an account (an “Account”).  The first step in creating an account is to select a username and password.  You are prohibited from using a real name or knowingly using someone else’s real name as a username.  You hereby agree to provide true, accurate, current and complete information about your age and yourself as part of the Account creation process, and to update your account information to keep it current and accurate within a reasonable time after any change.  There is a limit of one Account and one username per Gamer.  A Guardian may create accounts for multiple children under the Guardian’s email address. Please keep your Account credentials secret.  You may not allow any other person to access your Account or access the Services by or through your Account.  You may use the Services only for lawful purposes and in compliance with these Terms.  You agree to notify Imagine Island immediately of any unauthorized access to, or use of, your Account.  Imagine Island may reject, change, suspend, and/or terminate your username, password and/or Account immediately in our sole and absolute discretion, and without notice to you.

   1.2.        Accounts for Minors Under Age 13:  If you are a Gamer under the age of 13 (“Pre-13 Minor”), you may only use or access the Services with the consent and under the supervision of your Guardian, and only following you and your Guardian’s consent to these Terms.  Please ask your Guardian to review these Terms before using or accessing the Services.  If anything in these Terms is difficult to understand, please ask your Guardian for an explanation.  During the Account set-up process, Imagine Island will ask for the age of the intended Gamer.  If the age selected is under 13 years old, a Guardian will be required to approve and complete the set-up of the Account.  Once the Guardian sets the Account permissions, only the Guardian will have the ability to change them.  If you are the Guardian of the Pre-13 Minor, then by you or your Pre-13 Minor creating an Account and accessing or using the Services, you represent and warrant that you: (i) have read and agree to abide by these Terms in their entirety on behalf of yourself and your Pre-13 Minor; and (ii) give your consent for your Pre-13 Minor’s use of the Services.  Guardians agree to be jointly and severally liable for all acts (including purchases and payments made within the Services) and omissions of their Pre-13 Minor.  Imagine Island may disable, block or limit certain functionality, content and features of the Services for Pre-13 Minors in our sole and absolute discretion.

   1.3.        Accounts for a user between the ages of 13 and the age of majority:  If you are a Gamer between the ages of 13 and the age of majority in the jurisdiction where you reside (“Plus-13 Minor”), then you may only use or access the Services with the consent of and under the supervision of your Guardian, and only following you and your Guardian’s consent to these Terms.  Please ask your Guardian to review these Terms before using or accessing the Services.  If anything in these Terms is difficult to understand, please ask your Guardian for an explanation.  If you are the Guardian of the Plus-13 Minor, then by you or your Plus-13 Minor creating an Account and accessing or using the Services, you represent and warrant that you: (i) have read and agree to abide by these Terms in their entirety on behalf of yourself and your Plus-13 Minor; and (ii) give your consent for your Plus-13 Minor’s use of the Services.  Guardians agree to be jointly and severally liable for all acts (including purchases and payments made within the Services) and omissions of their Plus-13 Minor.  Imagine Island may disable, block or limit certain functionality, content and features of the Services for Plus-13 Minors in our sole and absolute discretion.

   1.4.        Accounts for adult users:  Accounts are available to adult users as well.  By creating an Account and accessing or using the Services, you have read and agree to abide by these Terms in their entirety.

2. BETA TESTING CURRENTLY LIMITED TO USERS IN THE UNITED STATES OF AMERICA AND CANADA (BUT EXCLUDING THE QUEBEC PROVINCE): Currently, the Services are limited to only those Gamers that are residents of the United States of America and Canada (but excluding the Quebec province).  Rest assured, Imagine Island is excited and eager to expand the Services (whether in beta form or final form) to more territories as soon as possible.  If you are a resident of Canada, please see the Addendum at the end of these Terms for additional provisions.  The Services are currently offered in “beta” form, meaning that testing and development of the Services is still underway, and the Services offered are not finalized or complete.  While beta testing is underway, Services may be permanently or temporarily unplayable, inaccessible, unusable, and/or unable to function properly.  Imagine Island may, from time to time and without notice, remove data, gameplay, assets, virtual currency, virtual items, user generated content or other items from the Services (collectively, “Wipes”).  This may result in you no longer being able to access or use all or part of your accounts, goods, virtual currency, assets, and use and enjoyment of the Services.  By participating in the beta test, you understand and agree that Wipes may occur from time to time without notice.

3. SEIZURE WARNING: Some individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games.  Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity.  If you have an epileptic or photosensitivity condition, please consult your physician before using the Services.  If you experience any of the following symptoms while using the Services, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

4. CHANGES OR UPDATES TO THESE TERMS: As our Services and legal landscape change, so will these Terms.  As such, Imagine Island reserves the right to change or update these Terms from time to time.  Any changes or updates to these Terms are effective immediately when Imagine Island posts them.  These Terms were last updated on the date provided at the top of this page.  If you continue to use the Services after we make any changes or updates to these Terms, you will be deemed to have accepted any changes and updates to the Terms.  If you do not agree with any changes or updates, then you are prohibited from continuing to use or access the Services.

5. YOUR PRIVACY: Any Personal Information (as the term is used and defined in the Privacy Notice) about you collected by Imagine Island will be treated as described in our Privacy Policy. The privacy of your Personal Information is important to Imagine Island.  

6. PLAYER CONDUCT:

   6.1. It is Imagine Island’s passion and mission to provide a safe gameplay environment where the Gamer feels safe and comfortable. The Services feature public blog posts with comments, chats and other means by which the Gamer can communicate via words and emojis (each a “Post”) publicly with other users (“Chat(s)”).  Your Account has features that can modify, limit or disable certain Public Chat functionalities.  Guardians especially, please take the time to learn, understand and set the various Account permissions to ensure that the Account permissions are best suited for the age, maturity and sensitivities of the Gamer.  You assume all risks, liabilities and legal consequences for your Posts.

   6.2. When it comes to Chats, Imagine Island requires the Gamer to act in a civil, kind and respectful manner. The Gamer is strictly prohibited from posting any Post in the Chat that includes, states, suggests, encourages, promotes or implies any of the following discourse, subjects or topics (each, a “Prohibited Content”):

   • disclosing any personally identifiable information of yours to other users, or asking other users for any of their personally identifiable information;

   • profanity, violence, vulgarity, obscenity or sexually explicit communications (including sexual innuendos);

   • conduct that would violate any applicable law or regulation;discrimination, bigotry, racism, hatred, harassment or harm against any individual or groups;

   • child endangerment and predatory behavior;

   • drug use or activities;

   • defamation or an invasion of a right of privacy of another person;

   • terrorist or extremist organizations or ideology;

   • bullying, stalking, trolling, threatening or intimidation;

   • suicide or self-injury;

   • spamming, soliciting or other efforts to sell goods or services; and

   • any other discourse, subjects or topics that a reasonable person would find inappropriate for children of all ages to be exposed to, to read or to hear, in each case, as determined by Imagine Island in our sole discretion.

This section provides examples of Prohibited Content.  The above list is not intended to be an exhaustive list of Prohibited Content.  If you Post Prohibited Content, your Account and access to the Services may be terminated by us immediately and without notice to you.  If Imagine Island believes that a Post poses a real-world risk or threat to another user or third-party, then Imagine Island reserves the right to report such concerns to the relevant authorities.

6.3. Imagine Island endeavors to monitor Posts for compliance with these Terms, and it reserves the right in our sole and absolute discretion to remove a Post from the Chat for any reason and without notice to you. Posts may be monitored and we may keep a record of posts as described in our Privacy Policy.  You agree to use the Services at your sole risk, and that Imagine Island shall not have any liability to you for Posts or Prohibited Content that may be found to be offensive, indecent, obscene, objectionable, inaccurate, illegal, of poor taste or quality or otherwise.

7. INTELLECTUAL PROPERTY RIGHTS OF IMAGINE ISLAND:

   7.1. All title, ownership, and intellectual property rights in and to the Services and Content are owned or licensed by Imagine Island and/or Imagine Island’s licensor(s). “Content” means all: (i) software, systems, tools, information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, lore, animation, concepts, audio-visual effects, virtual goods and in-game currency, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, and all other elements comprising or supporting the Services; (ii) copyrights, trademarks, logos, trade names, trade dress, service marks, and trade identities owned, licensed or controlled by Imagine Island; and (iii) all intellectual property rights in and to the Services and Content not described in subsections (i) and (ii).  The Services and Content are licensed, not sold, for your use.  Your license confers no title or ownership in and to the Services or Content and should not be construed as a sale of any rights in and to the Services or Content.

   7.2. You acknowledge and agree that, other than the license granted to you by these Terms, you shall have no ownership or other property interest in any of the Content or Services (including without limitation any game currency and virtual goods), and you further acknowledge and agree that to the fullest extent permitted by applicable law, all rights in and to such Content and Services (including without limitation any game currency and virtual goods) are and shall forever be owned by and inure to the benefit of Imagine Island and our licensors.

   7.3. You agree that the Services and Content contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that you will not use such proprietary content, information or materials in any way whatsoever except as permitted under these Terms. No portion of the Services or Content may be reproduced by you in any form or by any means other than as permitted under these Terms.

   7.4. Subject to these Terms, and provided that you are not in breach of these Terms, Imagine Island grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial enjoyment. To be clear, this license is personal to you only and does not give you any ownership rights in and to any of the Services or Content.

8. AVAILABILITY OF THE SERVICES MAY DIFFER, CHANGE OR END:

   8.1. We do our best to make sure that our Services are accurate, up-to-date and free from bugs, but we cannot promise that they will be bug-free or be available at all times or at any given time, or that Imagine Island will continue to support, maintain or offer any the Content, video games or other features within the Services. Imagine Island reserves the right to discontinue, modify, limit, change, suspend, remove or disable access to all or part of the Services or Content at any time and without notice to you.

   8.2. From time to time, Imagine Island may, in our sole and absolute discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety previous features and functionality.  You agree that Imagine Island has no obligation to provide any Updates, and that Imagine Island has no obligation to provide or enable, or to continue to provide or enable, any features or functionality.  You further agree that all Updates will be deemed part of the Services and be subject to these Terms.

   8.3. Also, Imagine Island may restrict, modify, or limit your access to, and use of, part or all of the Services, depending on the territory in which you are located and/or the age of the Gamer. Some or all of the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your territory.

9. ACCESSING THE SERVICES AND PROHIBITED CONDUCT: You are responsible for making all arrangements necessary to access the Services (and if applicable, for any data charges and costs of doing so).  In particular, you are responsible for ensuring that your internet connection is adequate for the Services and that your computer and/or device is compatible with our Services.  Imagine Island wants you and others to have a fun, safe and enjoyable time using our Services.  When doing so, Imagine Island requires you to observe the following rules (each, a “Prohibited Conduct”):

• • you must not copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Content or Services;

  • you agree not to use our Services for any illegal or unauthorized purpose, and you agree to comply with all laws and regulations applicable to your use of our Services, including copyright and other intellectual property laws;

  • you must not interfere with our Services or any servers or networks connected to our Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;

  • you must not inject content or code or otherwise alter or interfere with the way any page of our Services is rendered or displayed in a user’s browser or device;

  • you must not change, modify or alter our Services or change, modify or alter another website or app so as to inaccurately imply an association with our Services or with Imagine Island;

  • you must not access our Services via a means that we have not authorized in writing, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

  • you must not use, or cause others to use, any automated system or software to extract content or data from our Services; and

  • you must not participate in, or cause others to participate in, any other conduct which Imagine Island believes in our sole and absolute discretion may compromise the integrity of the Services or is believed to be malicious in nature.

This section provides examples of Prohibited Conduct.  The above list is not intended to be an exhaustive list of Prohibited Content.  If Imagine Island believes in our sole and absolute discretion that you have been involved with Prohibited Conduct, your Account and access to the Services may be terminated by us immediately and without notice to you.

10. YOUR FEEDBACK:

    10.1 You may be inclined to want to share your Feedback, good, bad or otherwise, with Imagine Island. “Feedback” means: (i) submissions, materials, information, proposals, ideas, concepts, pitches, comments, posts, communications, messages, suggestions, stories, know-how, artwork, drawings, audio, visual or audiovisual works; and (ii) all other types and forms of intellectual property not described in subsection (i).  But if you choose to provide Imagine Island with your Feedback, Imagine Island needs to be free to use the Feedback how it sees fit, without paying you and without attribution to you.  Also, you agree that any Feedback that you provide will not be held in confidence or trust by Imagine Island, and that no confidential, independent contractor, partnership or fiduciary relationship is intended or created between you and Imagine Island in any way by virtue of you providing Imagine Island with Feedback.  You agree that all of your Feedback must be your original ideas and intellectual property, and that such Feedback was not given to you by anyone else and it is not owned by anyone else.  We have no obligation to acknowledge or respond to any Feedback that you provide us.

    10.2. If you provide Imagine Island with any Feedback, you hereby assign, and agree to assign to Imagine Island, all right, title and interest in and to such Feedback. To the extent that applicable law in your state or country prohibits such assignment, you agree that you hereby grant (and shall grant) Imagine Island the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to multiple levels of sublicensing, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose.  This license does not lapse or expire even if Imagine Island does not exercise our rights under this license within a certain period of time.  If you have rights in the Feedback that cannot be licensed to Imagine Island under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.  You understand and agree that you are freely giving your Feedback, that Imagine Island does not have to use it, and that you will not be compensated in any way for your Feedback.  You represent and warrant that you have rights in any Feedback that you provide to Imagine Island sufficient to grant Imagine Island the license rights described above.

11. LINKING TO THE SERVICES: You may link to any page of our Services, provided that you do so for non-commercial purposes and in a way that is legal, and which does not damage our reputation or take advantage of it, as determined in the sole and absolute discretion of Imagine Island.  For the avoidance of doubt, the linking site must not contain, include, state, suggest or imply any Prohibited Content.  Imagine Island reserves the right to revoke this linking permission immediately and without notice.  You must not link to the Services in such a way as to suggest any form of affiliation, partnership, association, approval or endorsement on Imagine Island’s part, and you must not remove, obscure or modify in any way any copyright notice or Content as presented by Imagine Island by and through our Services.

12. DMCA/COPYRIGHT INFRINGEMENT: Imagine Island will respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).  If you believe that any aspect of the Content or Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to Imagine Island’s designated agent with the following written information: (i) your name, address, telephone number, and email address; (ii) a detailed description of the copyrighted work that you claim has been infringed; (iii) the URL, screenshot or a detailed description of where the material that you claim is infringing is located; (iv) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; (v) your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf.  Our designated DMCA agent contact information is:

Imagine Island Inc.

Attn: DMCA Designated Agent

203 Shadow Oaks, Irvine, CA 92618

Email: legal@imagineisland.game

Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing.  Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

13.  Disclaimer of Warranties:  YOUR USE OF THE SERVICES AND ALL ITEMS AND THIRD-PARTY SERVICES RELATED THERETO IS AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  IMAGINE ISLAND AND OUR AFFILIATES, MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES (COLLECTIVELY, “AFFILIATED PARTIES”) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMAGINE ISLAND, OR AFFILIATED PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  WITHOUT LIMITING THE FOREGOING, IMAGINE ISLAND AND OUR AFFILIATED PARTIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, IMAGINE ISLAND AND OUR AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS OR BUGS WILL BE CORRECTED, THAT THE TECHNOLOGIES THAT MAKE THE SERVICES AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  IMAGINE ISLAND AND OUR AFFILIATED PARTIES DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME.  IMAGINE ISLAND AND OUR AFFILIATED PARTIES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF SERVICES, CONTENT OR FEATURES.  WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY COMPONENT OR FEATURE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

14.  Limitation of Liability:  IN NO EVENT WILL IMAGINE ISLAND OR OUR AFFILIATED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY THIRD-PARTY SERVICES, ANY CONTENT OR THE CONTENT OF THIRD-PARTY SERVICES, OR ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  IN NO EVENT WILL THE AGGREGATE LIABILITY OF IMAGINE ISLAND AND AFFILIATED PARTIES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO IMAGINE ISLAND DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS PROHIBITED BY APPLICABLE LAW.

15.  Indemnification:  You agree to indemnify, defend (at our option), and hold harmless Imagine Island and our Affiliated Parties and our respective suppliers, licensors and partners (collectively, the “Indemnified Parties”) from and against any and all third-party claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of your: (i) violation of these Terms; (ii) negligence, willful misconduct or fraud; (iii) use, misuse and/or access of the Services; (iv) violation of any applicable law; (v) Posts, Prohibited Content or Prohibited Conduct; and/or (vi) violation of the rights of any third-party, or any breach of the representations, warranties, and covenants made by you herein.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Imagine Island’s defense of these claims, at your sole cost and expense, and such amounts shall be paid to Imagine Island on demand in immediately payable funds.

16.  BINDING ARBITRATION AND CLASS ACTION WAIVER:  READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

16.1.       Applicability:  To the fullest extent allowed by applicable law, you and Imagine Island agree to submit all Disputes between you and Imagine Island to individual, binding arbitration pursuant to the provisions in these Terms.  A “Dispute” means any dispute, claim, or controversy (except as to Excluded Disputes described below) between you and Imagine Island that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all marketing related to the Services, the Content and all matters relating to or arising from these Terms or any other agreement between you and Imagine Island, including any disputes over the validity or enforceability of this agreement to arbitrate.  A Dispute shall be subject to these binding arbitration and class action waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.  This includes claims or requests for relief that accrued before you entered into these Terms.  You understand that there is no judge or jury in arbitration and that court review of an arbitration award may be limited or not available.

16.2.       Disputes excluded from arbitration:  Notwithstanding the parties’ decision to resolve all Disputes through arbitration, Imagine Island shall have the right, but not the obligation, to bring an action in state or federal court that for any Disputes against you for: fraud, any violation of law, patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation (“Excluded Disputes”).  Excluded Disputes are subject to the jurisdiction and applicable law provisions in these Terms.

16.3.       Initial Dispute Resolution:  In an effort to accelerate resolution and reduce the cost of any Dispute between you and Imagine Island, you and Imagine Island agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates arbitration (the “Initial Dispute Resolution Period”); provided however, the Initial Dispute Resolution Period may be shortened by Imagine Island if exigencies exist as determined by Imagine Island in our good faith business judgment.  The 60-day period begins upon receipt of written notice from the party raising the Dispute.  If you have a Dispute with Imagine Island, you must notify Imagine Island in writing at the following email address: legal@imagineisland.game using the subject line “Initial Dispute Notice.”  Your notice of Dispute must be individual to you and must include your full legal name, your username associated with your Account, your email address associated with your Account and your residential address.  If the Dispute involves a Pre-13 Minor or Plus-13 Minor, then the notice must also include the name of at least one Guardian.  Your notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and explain what you want Imagine Island to do to resolve the problem.  The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to you initiating arbitration.  A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you to initiate arbitration, unless it contains all of the information required above.  If you commence an arbitration without having previously provided a valid and compliant notice of Dispute, you and Imagine Island agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until you comply with this subsection.  You and Imagine Island authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with this subsection.

16.4.       Binding Arbitration:

16.4.1.   If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may thereafter initiate binding arbitration as the sole means to formally resolve the Dispute, subject to Imagine Island’s rights to pursue Excluded Disputes through a court of law.  The arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement.  If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.

16.4.2.   Arbitration hearings shall be conducted by videoconference only, unless otherwise agreed by the parties.  You and Imagine Island agree to submit to the personal jurisdiction of any federal or state court located in New Castle county, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

16.4.3.   The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party.  The arbitrator must follow applicable law, and either party shall have the right to appeal an arbitrator’s decision for an error of law within thirty (30) days of such decision being communicated to the parties.  The decision of the arbitrator shall be final and binding on you and Imagine Island, and any award of the arbitrator may be entered in any court of competent jurisdiction.

16.4.4.   The arbitrator shall determine the scope and enforceability of these arbitration terms, including whether a Dispute is subject to arbitration.  The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from these Terms or that any portion of these Terms is not enforceable.

16.4.5.   Excluding Excluded Disputes, if a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not arbitrable, you and Imagine Island agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

16.5.       CLASS ACTION WAIVER:  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND IMAGINE ISLAND AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL.  To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

16.6.       30-day right to opt out of arbitration:  You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in these Terms by sending written notice of your decision to opt-out to the following email address: legal@imagineisland.game, using the subject line “Arbitration Opt-Out.”  The notice must be sent within 30 days of creating your Account; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms.  If you opt-out of these arbitration provisions, Imagine Island also will not be bound by them.

16.7.       Severability and waiver of jury trial:  If any clause within this arbitration section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this arbitration section, and the remainder of this arbitration section will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire arbitration section will be unenforceable, and the Dispute will be decided by a court of competent jurisdiction in any state or federal court located in New Castle county Delaware, and you and Imagine Island each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

17.  GOVERNING LAW AND JURISDICTION:  The laws of the State of Delaware and the United States of America, without regard to conflict-of-law rules, govern these Terms, and any Dispute and Excluded Disputes between you and Imagine Island.  Any Dispute not subject to arbitration and Excluded Disputes must be brought by either party in a court of competent jurisdiction in any state or federal court located in New Castle county Delaware.  Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts.  In any litigation (including any appeals) to enforce any part of these Terms, a Dispute or Excluded Dispute, all costs and fees, including attorney’s fees, will be paid by the non-prevailing party.

18.  REMEDIES:  Notwithstanding anything to the contrary set forth in these Terms, including without limitation the arbitration terms, in the event that you breach or threaten to breach any of these Terms, you hereby agree that Imagine Island would be irreparably damaged if these Terms were not enforced, and you therefore agree that Imagine Island shall be entitled to seek from a court (and not via arbitration), without bond, other security, or proof of damages, appropriate equitable and injunctive remedies in addition to such other equitable and injunctive remedies as Imagine Island may otherwise have available to it under applicable laws.  If it is ultimately determined by a court of competent jurisdiction or arbitrator (as applicable) that Imagine Island has committed a material breach of these Terms or any other action or omission that gives rise to liability, you agree that the damage, if any, caused to you would not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief.  You acknowledge and agree that your remedies in any such event shall be strictly limited to the right, if any, to recover money damages in an action at law, and you shall not have the right to enjoin or restrain any of Imagine Island’s activities, services or products.

19.  GENERAL TERMS:

19.1.       Entire agreement:  These Terms and the documents incorporated herein by reference are the entire agreement between you and Imagine Island with respect to the Services and replace and supersede all prior and contemporaneous understandings and agreements related thereto.  Section headings are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Terms.  Additional agreements or documents may apply to certain features of the Services or other services Imagine Island offers, which become part of these Terms.

19.2.       No partnership:  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Imagine Island as a result of these Terms or your use of the Services.

19.3.       Closing your Account:  You may cancel your Account at any time and for any reason by going to your Account webpage and following the account closure process.  Upon cancellation of your Account, you will be immediately disabled from accessing or using your Account and the Services.  Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use the Services.  Our rights and your obligations under these Terms shall not be affected by the termination of your Account.

19.4.       Enforcement:  Imagine Island has the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action Imagine Island may deem appropriate.

19.5.       Assignment:  We may assign these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign these Terms, and any assignment by you shall be automatically null and void.

19.6.       Notices:  We may provide you with notice by any means, including (without limitation) via email or postings on the Services.  Notices emailed to you will be deemed given and received when the email is sent.  If you do not consent to receive notices electronically from Imagine Island, you must stop using the Services.  A notice that Imagine Island gives is deemed given even if it is intercepted by your spam filter and not actually read or seen by you.  Unless otherwise specified in these Terms, all notices to Imagine Island shall be in hardcopy writing and shall be sent by United States Postal Service, Federal Express or United Parcel Service to Imagine Island Inc., 203 Shadow Oaks, Irvine, CA 92618.  Notices sent to Imagine Island pursuant to any section of these Terms shall be deemed duly served and effective only on actual receipt by Imagine Island.

19.7.       Severability; waiver:  Imagine Island’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Imagine Island.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.  Except as expressly set forth in these Terms, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

19.8.       Survival:  Sections 5, 7, 8, 9, 10, 12 through and including 19 of these Terms shall survive the closing or termination of your Account for any reason.

THANKS FOR TAKING THE TIME TO READ ALL THAT LEGAL JARGON.  NOW GO HAVE FUN!