iMarbles.com Terms of Use

 

WELCOME TO IMARBLES.COM

iMarbles.com is a collection of Web pages and services operated by Welcome Friend Productions, a division of Auxenet Services Corporation and its affiliates (collectively "iMarbles" or "we") who provide the services offered on iMarbles.com to you subject to the following Terms of Use. Please read them carefully. Your use of iMarbles.com constitutes your acceptance of these Terms of Use. iMarbles may modify these Terms of Use from time to time in its sole discretion. If the changes we make to our Terms of Use are significant, we will notify you on our website that our Terms of Use have been revised.

Your use of iMarbles.com is subject to iMarbles.com policies and posted rules.  

OWNERSHIP AND USE

Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on iMarbles.com (collectively the "Materials") is the property of iMarbles, or its suppliers, and is protected by United States and international copyright laws. You may access and use iMarbles.com and the Materials only for your personal and non-commercial use. You may not modify or use the Materials for any other purpose, except with the express written consent of iMarbles.

Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on iMarbles.com. Any content made available for download from iMarbles.com is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the content. If the content is not accompanied by a license agreement, the following terms shall apply: iMarbles hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the content or create derivative works from the software or content.

You may not link to or frame iMarbles.com or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iMarbles without obtaining iMarbles's express written consent.

You may not use any meta tags or any other "hidden text" utilizing iMarbles Games' name or trademarks without the express written consent of iMarbles Games. Any unauthorized use terminates the permission or license granted by iMarbles Games.

PRIVACY POLICY

We never share your private or personal information with other organizations or people. We abide by the COPPA laws. Please protect your privacy by never sharing your password, or other personal information to anyone online.  Remember that what ever you share online could be abused by others, so you must do your part to protect your own privacy.

We welcome feedback about iMarbles.com and the related products and services.   Your reviews and comments may be made available to other community members, but we will not share your private information with anyone else. Any purchases made through the iMarbles.com Store are covered by the privacy policy described here.

REGISTRATION; USER ACCOUNTS

You agree to provide true, accurate, current and complete information about yourself when creating a user account as prompted by the registration process and to update your information in order to keep such information current. If you provide any information which iMarbles has reason to believe is untrue, inaccurate, incomplete or not current, iMarbles has the right to terminate your account.

During the registration process, you may be prompted to create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.

LINKS TO OTHER SITES

Other websites linked from iMarbles.com are not under iMarbles's control and iMarbles does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and iMarbles does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. iMarbles shall not be responsible or liable for any part of any such interactions.

ELECTRONIC COMMUNICATIONS

When you visit iMarbles.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

PAYMENT

All payments for products purchased through iMarbles.com must be made by VISA, MasterCard, American Express or PayPal or through redemption of valid coupon codes or gift certificates. iMarbles does not accept checks, cash or other forms of payment.

You must provide true, accurate, and complete information about yourself and provide a valid, non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or iMarbles has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, iMarbles has the right to void related financial transactions, and to refer to appropriate authorities the details of such incidents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the Terms of Use and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the services, software or content provided, and that person's compliance with these Terms of Use.

DISCLAIMER OF WARRANTIES

iMarbles.com is provided on an "as is" and "as available" basis. iMarbles makes no representations or warranties of any kind, express or implied, as to the operation of iMarbles.com or the information, content, materials, or products included on or downloaded from iMarbles.com. You expressly agree that your use of iMarbles.com is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products.

To the full extent permissible by applicable law, iMarbles disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. iMarbles does not warrant that this site, its servers, or e-mail sent from iMarbles are free of viruses or other harmful components.

LIMITATION OF LIABILITY

iMarbles will not be liable for any damages of any kind arising from the use of imarbles.com, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, including lost profits, goodwill, or any other intangible loss, even if iMarbles has been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to indemnify and hold harmless iMarbles its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Use, or your violation of applicable law, rule, regulation or third party right.

GENERAL

No delay or failure to take action under these Terms of Use shall constitute any waiver by iMarbles of any provision of these Terms of Use. If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Use are personal to you and may not be transferred, assigned or delegated to any third party.