Build & Imagine Terms & Conditions of Use
Buildandimagine.com (“the website”, “website”, “Build & Imagine’s website”) is provided by Build & Imagine, LLC (“Build & Imagine”, “we”, “us”, “our”). These Terms and Conditions of Use (“Terms”) apply to your use of the website and related Build & Imagine services. Please make sure that you understand these Terms as they form a legally binding agreement as to your permitted use of the website.
Build & Imagine sells products designed for children, but we sell them to adults (18 and over), who can purchase with a credit card or other payment methods accepted on the Website. You are responsible for ensuring that all persons who access our site through your internet connection, on your device, or with your account are aware of these Terms and that they comply with them. This includes providing appropriate supervision of children using the Website.
Changes to the Terms. Build & Imagine may, at any time, change these Terms by posting the amended Terms on the website. You should check this website periodically to review the current Terms. Your continued use of the Build & Imagine website indicates that you have accepted the current Terms.
License. Subject to your compliance with the Terms, Build & Imagine grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Build & Imagine website and services.
This Website contains materials and other items relating to Build & Imagine and its products (collectively, “Website Content”). In using this Website, you must respect the intellectual property rights of Build & Imagine and others, all as outlined below. Your unauthorized use of Website Content may violate copyright, trademark, privacy, communications, and other laws, and may result in your personal liability, potentially including criminal liability.
Intellectual Property. This Agreement does not transfer from Build & Imagine to you any Build & Imagine or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Build & Imagine. Build & Imagine, buildandimagine.com, the Build & Imagine logo, and all other trademarks, service marks, graphics and logos used in connection with Build & Imagine or the Website are trademarks or registered trademarks of Build & Imagine. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
You are permitted to copy Website Content from the buildandimagine.com website only for your personal use, and only provided that no Website Content is modified in any way; all Build & Imagine images and graphics are properly attributed and kept together with any accompanying text; and the status of Build & Imagine as the source and author of any Website Content is always acknowledged. Your use of the Website grants you no further right or license to reproduce or otherwise use any Build & Imagine or third-party trademarks.
Copyright Infringement. As Build & Imagine asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by buildandimagine.com violates your copyright, you are encouraged to notify Build & Imagine. Build & Imagine will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Changes: Build & Imagine may, in its sole discretion, remove or make changes to any aspect of the Website, including, but not limited to, any Website Content, and any activities available on, or products or services offered through, the Website. Build & Imagine is not liable for these changes.
Restrictions: In accessing or using the Website, you agree that you will not:
- use the Website for any commercial, business-related, or political purpose, or to solicit others (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
- knowingly or recklessly introduce a virus, Trojan, worm, or other harmful entity, launch a denial-of-service attack, or otherwise tamper with or damage the Build & Imagine website, or interfere with another person use of the Website;
- monitor, gather, or copy Content on this Website by any means, including but not limited to a “bot”, spyware, scraper, engine, device, or software, or any other automated or manual means;
- engage in any activities through or in connection with the Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or
- impersonate impersonate or misrepresent your affiliation with any person or entity in using the Website, including, but not limited to, using another person’s username, password, account information, name, or likeness or providing false details for a parent or guardian. You give Build & Imagine permission to verify the accuracy of information you provide.
Without prejudice to its other rights or remedies, Build & Imagine reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as Build & Imagine reasonably believes is necessary.
Errors: We work to make the Build & Imagine Website complete, up-to-date, and error-free. Despite our efforts, there may be instances where information regarding Build & Imagine or Build & Imagine products contains inaccurate or incomplete data, including with respect to price and availability. In the event of mispricing, we reserve the right to cancel any orders placed for the item at the incorrect price and may contact you regarding the pricing error. If you no longer wish to purchase the item, you may cancel the order.
Disclaimer of Warranties. The Website is provided “as is”. Build & Imagine hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Build & Imagine makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Build & Imagine, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Build & Imagine shall have no liability for any failure or delay due to matters beyond their reasonable control.
Account. You may need to create an account to access certain areas of the Website or to use certain Build & Imagine services. Build & Imagine takes your privacy and confidentiality very seriously and makes every effort to protect them. However, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to keep the information in your account current and accurate.
We reserve the right to terminate or suspend your account for any reason, including if you engage in, encourage or advocate illegal conduct or if you fail to comply with these Terms.
User Content. Build & Imagine may offer community features on the Website that may enable you to submit material, including, without limitation, reviews, comments, pictures, suggestions, ideas, questions, and feedback (any such material, “Content”). In posting or submitting Content to Build & Imagine, you grant Build & Imagine a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, adapt, modify, publish, translate, create derivative works from, distribute and display the submitted Content throughout the world in any media, including, but not limited to, in advertisements. You further grant Build & Imagine the right to use for attribution the first name under which you submit Content.
You are entirely responsible for the content of, and any harm resulting from, any Content you submit to Build & Imagine. Build & Imagine takes no responsibility and assumes no liability for any Content submitted by you or any third party. By making Content available, you represent and warrant that:
- you own or otherwise control all of the rights to the Content, and that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- the use of the submitted Content does not violate these Terms and will not cause injury to any person or entity;
- the Content is appropriate for children, is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- you are not using a false email address, or impersonating any person or entity, or otherwise providing misleading information;
- the Content is accurate and up-to-date to the best of your knowledge.
Build & Imagine reserves the right but not the obligation to remove or edit the Content for any reason and at its sole discretion.
Electronic Communications. When you submit information to the Website or send email to Build & Imagine, you are communicating with us electronically and give consent to receive communications from us electronically in response. We will communicate with you by email or by posting on the website or through the other Build & Imagine services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
Submissions and Unsolicited Ideas. Build & Imagine does not accept or consider unsolicited creative ideas or suggestions. You agree that any creative ideas, suggestions or other materials you communicate to Build & Imagine are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Build & Imagine in any way.
Contests, Sweepstakes and Related Activities. Build & Imagine provides rules and/or guidelines for contests, sweepstakes, and other related activities on the Build & Imagine Website. The Terms incorporate by reference any rules and guidelines that appear in connection with a particular activity. To the extent that any conflict exists between the Terms and specific rules, the rules for the activity in which you choose to participate shall govern.
Online Shopping. We may offer opportunities to purchase physical products through the Website. Only persons age 18 or older are eligible to make purchases on the Website. The Build & Imagine Warranty, Returns Policy, and Shop Terms, as well as these terms, apply to all purchases placed through the Website, whether or physical or of digital goods. We reserve the right to refuse or cancel any order placed with us. Build & Imagine may, in our sole discretion, limit or cancel quantities purchased on any basis, including per person, per shipping address, or per order. We likewise reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.
We cannot guarantee availability of any product, even if our website shows it to be available. If a product becomes unavailable after you have been charged for an order, or if technical problems prevent or unreasonably delay delivery of your purchased product, your sole remedy is a refund or replacement (if available).
Links. The Website may contain links to websites operated by third parties. We are not responsible for the content available on any third-party websites linked to the Website or any Build & Imagine content or service, or for any loss or damage that may arise from your use of them. A link to a third-party website does not imply that Build & Imagine endorses any material on that site and Build & Imagine disclaims all liability with regard to your access to such linked websites.
Termination. If you are dissatisfied with the Build & Imagine Website, with any Build & Imagine services, or with any of the Terms, your sole remedy is to discontinue using them. You may ask us to cancel your account at any time by emailing firstname.lastname@example.org. We may terminate your access to any Build & Imagine services immediately without notice if you fail to comply with the Terms.
Disclaimer of Warranties. The Website is provided “as is”. Build & Imagine and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Build & Imagine nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Build & Imagine, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Build & Imagine under this agreement during the twelve (12) month period prior to the cause of action. Build & Imagine shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Build & Imagine, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these Terms.
Translation. These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Miscellaneous. The Terms constitute the entire agreement between Build & Imagine and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Build & Imagine, or by the posting by Build & Imagine of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Alameda County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Build & Imagine may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Proceedings to resolve or litigate any disputes will be conducted on an individual basis. Neither you nor Build & Imagine will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Questions/Comments/Concerns: If you have any questions, comments, or concerns about the Terms, the Build & Imagine Website or our products, please contact us.
Some of the text in this document is based on the WordPress Terms of Service.