Terms of Use
Terms of Use
Purpose
Imagine Now Play provides physical imaginative-play Adventures, related digital content, stories, videos, prompts, and other materials for family entertainment.
Parent / guardian use
Purchases, subscriptions and accounts are intended for adults.
A parent or legal guardian should manage account and purchasing activity.
Children should not create accounts or submit personal information directly through our website.
Adult supervision
Parents and caregivers are responsible for determining whether an activity, included material, or household object is appropriate for their child and for providing supervision appropriate to the child's age, abilities, and environment.
Household materials
Imagine Now Play may suggest incorporating ordinary household objects into imaginative play.
These suggestions are examples only and are not representations that every object of that type is safe in every situation.
Parents and caregivers are responsible for selecting and approving household materials.
Digital content
Imagine Now Play digital Adventures, videos, stories, artwork, characters, graphics, written materials, prompts, and related content are owned by or licensed to Imagine Now Play and are provided for personal, noncommercial family use.
They may not be reproduced, resold, commercially distributed, publicly displayed, or used to create competing commercial products except as permitted by law or with our written permission.
Some Imagine Now Play Adventures include digital content accessed through a QR code. Internet access and a compatible device may be required. Parents and caregivers are responsible for assisting children with access to digital content.
User conduct
Users may not interfere with the website, attempt unauthorized access, misuse digital content, introduce malicious code, or use the service unlawfully.
Subscriptions
Subscription purchases are also governed by our Subscription Terms, including automatic monthly renewal and cancellation.
No guaranteed outcome
Every child plays differently.
Imagine Now Play does not promise or guarantee a particular educational, developmental, behavioral, creative, or other outcome from participation.
Limitation of liability
To the fullest extent permitted by applicable law, Imagine Now Play and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of the Imagine Now Play website, digital content, subscription services, or products.
Parents and caregivers are responsible for determining whether an activity, included material, or suggested household object is appropriate for their child and for providing supervision appropriate to the child's age, abilities, and environment.
To the fullest extent permitted by applicable law, our total liability for any claim arising out of or relating to a particular Imagine Now Play product, order, or subscription will not exceed the amount you paid to Imagine Now Play for the product, order, or subscription giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or limits any consumer rights or remedies that cannot legally be waived.
Warranty disclaimers
Imagine Now Play products and services are designed to encourage imaginative play and family entertainment. Every child plays differently, and we do not guarantee any particular educational, developmental, behavioral, creative, or other outcome.
Except for any express warranty specifically provided with a product and to the fullest extent permitted by applicable law, the website, digital content, subscription services, and related materials are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
To the fullest extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in this section eliminates warranties, consumer protections, or other rights that cannot legally be disclaimed or waived.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Imagine Now Play and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, and reasonable costs and expenses arising from your unlawful use of the website or digital content, your material violation of these Terms, or your intentional misuse of Imagine Now Play products or services.
This provision does not require you to indemnify Imagine Now Play for claims arising from Imagine Now Play's own negligence, misconduct, defective products, or other responsibility that cannot lawfully be transferred to you.
Governing law
These Terms and any dispute arising out of or relating to these Terms, the Imagine Now Play website, subscriptions, digital content, or products will be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except where applicable federal law or the mandatory laws of another jurisdiction require otherwise.
Nothing in these Terms limits any consumer protection rights available to you under applicable law that cannot legally be waived.
Dispute resolution
If you have a concern or dispute involving Imagine Now Play, we encourage you to contact us first at support@imaginenowplay.com. We will attempt in good faith to resolve the matter directly with you.
If we are unable to resolve the dispute informally, either party may pursue any claim in a court of competent jurisdiction, including small claims court when eligible.
Unless applicable law requires otherwise, any legal action arising out of or relating to these Terms, the Imagine Now Play website, subscriptions, digital content, or products may be brought in the state or federal courts located in Florida, and each party consents to the jurisdiction of those courts, subject to any consumer rights regarding venue that cannot legally be waived.
Imagine Now Play does not currently require mandatory arbitration or a class-action waiver.
Nothing in this section prevents either party from seeking emergency or injunctive relief when legally appropriate or limits rights or remedies that cannot legally be waived.
Changes
We may update the website, Adventures, features, and materials from time to time.