We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.

1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:

 

We, us, our	Imaginary Labs, Inc
[Our data protection officer]	David S. Perkins
[contact details if you have a data protection officer]	contact@imaginary-labs.com
Personal information	Any information relating to an identified or identifiable individual

 

2. Personal Information We Collect About You.We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

 

Categories of Personal Information	Specific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)	We collect your real name, email address, Internet Protocol address and assign a unique personal identifier in order to license Carbon to you.
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	All authentication and payment processing are fulfilled by Amazon Cognito and all related information is subject to their privacy policy.
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)	If provided by the user, we may collect other programs used in order to help with customer support recommendations with regards to Carbon.
Geolocation data	We collect an approximate Geographic location (region / country) for the purposes of licensing the Carbon Plug-in.

 

This personal information is required to provide Carbon to you. If you do not provide personal information we ask for, it may delay or prevent us from providing Carbon to you.

3. How Your Personal Information is Collected. We collect most of this personal information directly from you through an online webform submission. However, we may also collect information:

• From publicly accessible sources;
• Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);
• From a third party with your consent (e.g., your bank);
• From cookies on our website; and
• When directly initiated by you.

4. How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:

• To comply with our legal and regulatory obligations;
• For the performance of our contract with you or to take steps at your request before entering into a contract;
• For our legitimate interests or those of a third party; or
• Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

 

What we use your personal information for	Our reasons
To provide Carbon to you	For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or Imaginary Labs, Inc.	For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business	To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use	For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information	For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorized access and modifications to systems	For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating and enhancing customer records	For the performance of our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns	To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments	To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services and those of selected third parties to: ¾    existing and former customers; ¾    third parties who have previously expressed an interest in our services; ¾    third parties with whom we have had no previous dealings.	For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts	For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

 

The above table does not apply to special category personal information, which we will only process with your explicit consent.

5. Promotional Communications. We may use your personal information to send you updates (by email, text message, telephone or post) about our products and/or services, including exclusive offers, promotions or new products and/or services.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside the Imaginary Labs, Inc. for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at contact@imaginary-labs.com;
• Using the “unsubscribe” link in emails or “STOP” number in texts; or

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.

6. Who We Share Your Personal Information With. We routinely share personal information with:

• Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses and delivery companies;
• Other third parties we use to help us run our business, such as marketing agencies or website hosts;
• Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
• Credit reporting agencies;
• Our insurers and brokers;
• Our banks;

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors, e.g. in relation to ISO accreditation and the audit of our accounts.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal information with any other third party.

 

8. Where Your Personal Information is Held. Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.

9. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;
• To show that we treated you fairly; or
• To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

10. Transferring Your Personal Information Out of the EEA. To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

• With our offices outside the EEA;
• With your and our service providers located outside the EEA;
• If you are based outside the EEA; or
• Where there is an international dimension to the services we are providing to you.

These transfers are subject to special rules under European and UK data protection law.

If you would like further information, please contact our Data Protection Officer (see “How To Contact Us” below).

11. Your Rights Under the GDPR.

 

Right to Access	The right to be provided with a copy of your personal information (the right of access)
Right to Rectification	The right to require us to correct any mistakes in your personal information
Right to be Forgotten	The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing	The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability	The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object	The right to object: ¾    at any time to your personal information being processed for direct marketing (including profiling); ¾    in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

 

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

12. Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

 

Disclosure of Personal Information We Collect About You	You have the right to know: ·         The categories of personal information we have collected about you; ·         The categories of sources from which the personal information is collected; ·         Our business or commercial purpose for collecting or selling personal information; ·         The categories of third parties with whom we share personal information, if any; and ·         The specific pieces of personal information we have collected about you. ·         Please note that we are not required to: ·         Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; ·         Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or ·         Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose	In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know: The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and The categories of personal information that we disclosed about you for a business purpose. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale [or disclosure] of your personal information. If you exercise your right to opt-out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale [or disclosure] of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: [URL].
Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: ·         Delete your personal information from our records; and ·         Direct any service providers to delete your personal information from their records. ·         Please note that we may not delete your personal information if it is necessary to: ·         Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; ·         Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; ·         Debug to identify and repair errors that impair existing intended functionality; ·         Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; ·         Comply with the California Electronic Communications Privacy Act; ·         Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; ·         Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; ·         Comply with an existing legal obligation; or ·         Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination	You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: ·         Deny goods or services to you; ·         Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; ·         Provide a different level or quality of goods or services to you; or ·         Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information.

 

13. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
14. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please:

• Complete a data subject request form available on our website at [URL];
• Email us at contact@imaginary-labs.com.
• Sent a letter via certified mail to: 516 Cathcart Avenue, Orlando FL 32803

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly, you will need to provide us with:

 

 

 

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

15. How to File a GDPR Complaint. We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

16. Changes to This Privacy Notice. This privacy notice was published on January 7^th 2021 and last updated on January 7^th

We may change this privacy notice from time to time–when we do, we will inform you via our website or other means of contact such as email.

17. How to Contact Us. Please contact us by email if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

 

Our contact details	David S. Perkins
[contact address]	516 Cathcart Avenue, Orlando FL 32803
[contact email address]	contact@imaginary-labs.com
[contact telephone number]	(689) 800-7020

 

18. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Imaginary Labs provides a software plugin that enables users to access and utilize a library of assets for the purpose of producing and creating dynamic lighting scenes. This End User License Agreement (“EULA”), is a binding EULA between Imaginary Labs, Inc. (“Imaginary Labs,” “Us,” “Our,” and/or “We”) and you (or the company you represent)(collectively, “You” or “Your”).

This EULA governs your use of a certain Imaginary Labs digital product consisting of a plugin for connecting to the third-party software (“Plugin”). This EULA is solely between Imaginary Labs and You; the third party to whose services the Plugin may allow connection is not a party hereto. Separate license terms may apply to Your use of such third-party software.

BY CLICKING THE “AGREE” BUTTON AND/OR DOWNLOADING, INSTALLING, AND USING THE SOFTWARE, YOU (a) ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS EULA; (b) REPRESENT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT IN YOUR JURISDICTION; AND (c) ACCEPT THIS EULA AND AGREE YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

By downloading, installing, or otherwise using the software you:

1. Acknowledge You have fully read, understand, agree to be bound and accept the terms of this EULA, in addition to the Imaginary Labs terms of use and other supplemental policies; and
2. Represent and warrant You are 18 years or older and have the authority to enter into this EULA, or if You are an LLC, corporation, governmental organization or other legal entity, You have the right, power, and authority to enter into this EULA on behalf of such entity and to bind it to these terms. If you are under the age of 18 (or legal age of majority in your jurisdiction), your parent or legal guardian must consent to these Terms and your use of the Imaginary Labs services and Plugin.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU DO NOT HAVE THE AUTHORITY STIPULATED ABOVE, IMAGINARY LABS WILL NOT AND DOES NOT LICENSE THE PLUGIN TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE PLUGIN. NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS EULA AND ALL RIGHTS CONCERNING THE PLUGIN ARE EXPRESSLY EXCLUDED IF YOU DID NOT LAWFULLY ACQUIRE THE PLUGIN.

Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and Imaginary Labs agree as follows:

1. Grant of License. Subject to the terms and conditions of this EULA, Imaginary Labs grants You a non-transferable, non-sublicensable, non-exclusive limited license to access, download, install and use the Plugin in accordance with any user manuals, technical specifications, or other materials provided by Imaginary Labs that describe the installation, use, and technical specifications of the Plugin (the “Documentation”) on a device owned by You. The license granted herein is solely in connection with and during Your subscription with Imaginary Labs. If You wish to use the Plugin on more than one device, at the same time, You must purchase an appropriate number of licenses.
2. Other Rights and Limitations. You shall not directly or indirectly:
   1. Use or make copies of the Plugin beyond the scope of the license granted hereunder;
   2. Modify, translate, adapt or create derivative works of the Plugin or any part thereof;
   3. Reverse engineer, decompile, disassemble, decode or otherwise attempt to gain access to the Plugin’s source code or any part thereof;
   4. Combine the Plugin or any part of it with any other program;
   5. Remove, delete, obscure, or alter any copyright, trademark, patent, or other intellectual property notices provided on or with the Plugin;
   6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Plugin, or any features or functionality of the Plugin, to any third party for any reason;
   7. Use the Plugin in violation of any law, rule, or regulation; and
   8. Use the Plugin in order to assess a competitive analysis of the Plugin to develop a competing Plugin or service, or any other purpose that is to Imaginary Lab’s commercial disadvantage.
3. Responsibility for Use. You agree to use the Plugin in accordance herewith, other Imaginary Labs terms and policies, and the specifications. You further agree you may be liable for actions and failure to take required actions with respect to the Plugin by You or any user to who You provide access to the Plugin.
4. Updates. Imaginary Labs may from time to time and in its sole discretion, provide updates, patches, bug fixes, new versions, and other error corrections (the “Updates”). Updates may also modify or delete certain features and functionality. You agree Imaginary Labs has no obligation to provide Updates or to continue to provide any particular features or functionality. You further agree that all Updates will be deemed part of the Plugin and be subject to all terms and conditions of this EULA.
5. Ownership. You acknowledge and agree the Plugin is provided under license, and not sold, to you. Notwithstanding anything to the contrary herein, except for the limited rights expressly granted herein, Imaginary Labs has and will retain all rights, title and interest (including, without limitation, all patent, trademark, copyright, trade secret and other intellectual property rights) in and to the Plugin and all copies, modifications, and derivative works thereof. You acknowledge no ownership rights are being conveyed to You under this EULA or otherwise.
6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Plugin, Imaginary Labs may use automatic means (including, for example, cookies and web beacons) to collect information about your device and use of the Plugin. You may be required to provide certain information about yourself as a condition to downloading, installing, or using the Plugin or certain of its features or functionality. All information we collect through or in connection with this Plugin is subject to our Privacy Policy, if any and as modified from time to time. By downloading, installing, using, and providing information to or through this Plugin, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. Term and Termination. The term of this EULA and any license granted hereunder will begin on the date You accept this EULA and make use of the Plugin, and shall remain in effect until terminated as follows (“Term”): (i) You may terminate this EULA by deleting the Plugin and all copies from your device; and (ii) Imaginary Labs may terminate this EULA at any time without notice. In addition, this EULA will terminate immediately and automatically without any notice if You violate any of the terms and conditions hereof. Without prejudice to any other rights, Imaginary Labs may terminate this EULA if You fail to comply with this EULA or other of Imaginary Labs terms and policies.
   Upon expiration or termination of this EULA: (i) all rights granted to You hereunder will terminate and (ii) You must cease use of the Plugin and destroy all copies in Your possession. Termination will not limit any of Imaginary Labs’ rights or remedies at law or in equity. Notwithstanding termination, Sections 5, 8, 9, 10, 11 shall survive and continue to apply.
8. DISCLAIMER. THE PLUGIN AND DOCUMENTATION ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IMAGINARY LABS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLUGIN AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IMAGINARY LABS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED PLUGIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER PLUGIN, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. You are not entitled to receive damages from Imaginary Labs for any cause relating hereto, to Your use of the Plugin, to any services provided by Imaginary Labs or any third party in connection with Your use of the Plugin. In addition, in no event shall You be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Imaginary Labs or with the distribution, operation, development, or performance of the Plugin or any related products.
   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMAGINARY LABS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLUGIN. IN NO EVENT SHALL IMAGINARY LABS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IMAGINARY LABS SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PLUGIN OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. INSTALLATION OF THE PLUGIN INDICATES YOUR ACCEPTANCE OF THESE TERMS.
10. Force Majeure. Imaginary Labs will not be responsible or liable to You, or deemed in default or breach by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to civil disturbances, riot, rebellion, strikes, labor disputes, war, terrorist attack, riot, rebellion, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, loss of equipment, destruction of property and any other circumstances or causes beyond Imaginary Lab’s reasonable control.
11. Indemnification. You agree to indemnify and hold Imaginary Labs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Plugin, Your violation of this EULA, or Your violation of any rights of another.
12. Miscellaneous Terms.
    1. Entire Agreement; Assignment. This EULA (together with Imaginary Labs’ supplemental terms and agreements, if any and as modified from time to time) constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind. You shall not assign any of your rights or delegate any of your obligations hereunder. Imaginary Labs may assign this EULA (or any of its rights and obligations) without Your consent and without notice. This Agreement is binding upon and inures to the benefit of the parties hereto and their permitted successors and assigns.
    2. Severability. In the event any provision herein is deemed by a court of competent jurisdiction (or arbitrator) to be unenforceable for any reason, such enforceable provision of a lesser duration or effect shall be substituted; provided, however, the unenforceability of any term or sentence (or any other portion) of this Agreement shall not affect the enforceability of the remainder of this EULA.
    3. No Waiver. Imaginary Labs’ failure to enforce any provision hereof will not be construed as a waiver of any such provision, nor prevent Imaginary Labs thereafter from enforcing the provision or other provision hereof. The rights granted are cumulative, and election of one will not constitute a waiver to assert other legal and equitable remedies available.
    4. Choice of Law, Jurisdiction, and Venue. This EULA shall be construed in accordance with, and governed in all respects by, the laws of the State of Florida, without regard to conflicts of law principles. The parties consent to the jurisdiction of all Federal and State Courts in the State of Florida. The Parties further agree and consent that venue of any action hereunder shall be undertaken exclusively in the County of Miami-Dade, State of Florida.
    5. Limitation of Time to File Claims. In the event of any dispute, You agree to provide Imaginary Labs written notice and attempt to resolve such dispute amicably and informally. In the event such dispute cannot be so resolved, You agree that any cause of action or claim You may have arising out of or relating to this EULA or the Plugin must be commenced within one (1) year from the date of Your written notice to Imaginary Labs, and that otherwise such cause of action or claim is permanently barred.
    6. Interpretation. The headings contained herein are for reference only and shall not affect in any way the meaning or interpretation of this EULA.
    7. Notice. Imaginary Labs may send You a notice via email, by regular mail and/or postings via the Plugin. Except as stated otherwise herein or as required by applicable law, You agree to send all notices to Imaginary Labs at contact@imaginary-labs.com
    8. Export Control. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of software.