Effective Date: September 16th, 2016
You should read these entire Terms; but here is a partial list of some of the terms that we want to bring to your initial attention. Click
on section references for details. Capitalized terms have the meanings given to them where defined in this Agreement.
Each time you use the Service, the Terms, and any applicable Additional Terms (defined below), then posted apply (subject to Section 18
You may only use the Proprietary Content (defined below) on the Service in connection with your permitted activities on the Service and not
in an offline environment or in connection with another site or service. (Section 2 and Section 5) You grant us a broad permission to use
and exploit content you submit or post. (Section 8 and Section 9)
fiduciary, or any other special relationship by virtue of your use of the Service or your communications to us through or related to the
As permitted by law, many types of disputes that may arise in connection with your access to and use of the Service are subject to
mandatory arbitration – which includes your waiver of a right to a jury trial and to class action relief. (Section 14)
We are providing the Service to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your
use of the Service is very limited. Many other limitations and disclaimers relate to your use of the Service. (Section 11).
and Children’s Privacy Notice carefully. If you do not agree with and consent to any of their terms, please discontinue use of the Service
immediately. You acknowledge that your agreement to these Terms is supported by reasonable and valuable consideration, the receipt and
adequacy of which is hereby acknowledged by you. Such consideration includes, but is not limited to, your use of the Service, which we
would not offer the Service to visitors except subject to these Terms.
This Agreement includes (i) our policy for acceptable use of the Service, (ii) your rights, obligations, and restrictions regarding use of
the Service, and (iii) our privacy practices. In order to participate in certain Service, you may be required to agree and consent to
additional terms and conditions (“Additional Terms”). Such Additional Terms are hereby incorporated into this Agreement by this reference,
but Additional Terms shall govern to the extent they conflict with this underlying Agreement.
Subject to any laws or regulations to the contrary, we expressly reserve the right, in our sole discretion, to restrict, suspend, or
terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without
incurring liability. As our Service evolves, our Terms may change as more fully explained in Section 8so check for changes prior to use.
A. Content. You acknowledge that the Service contains a variety of: (i) materials and other items relating to us and products and services,
and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files,
images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos,
advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and
arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks,
logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms
of intellectual property that is owned by us and/or our officers, directors, employees, agents, third-party content providers, affiliates,
sponsors, and licensors (collectively, the “Providers”) (the “Proprietary Content”). Such Proprietary Content includes, without limitation,
television and/or film trailers and clips, photographs, text, wallpaper, icons, games, and graphics. Such Proprietary Content is protected
by copyright and trademark law, and other laws governing ownership of intellectual property as well as by international treaties. You
acknowledge that the intellectual property rights of Providers are valid and protected in all forms, media, and technologies now existing
developed. Except as permitted by applicable law or as explicitly provided in any applicable Additional Terms, you may not reproduce,
distribute, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works
based upon, or in any way exploit any of the Proprietary Content, in whole or in part, without obtaining permission from the owner(s) of
the copyrights, trademarks and/or other propriety rights to such Proprietary Content. In addition to the foregoing, your use of any
software contained in, or in connection with, the Service shall be governed by the applicable software license agreement governing the use
of such software.
B. Ownership. The Service (including past, present, and future versions) and the Proprietary Content are owned or controlled by Company and
our licensors and certain other third parties. All right, title, and interest in and to the Proprietary Content available via the Service
is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright,
trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Proprietary Content on the Service.
You acknowledge and agree that nothing in this Agreement shall have the effect of transferring the ownership of any copyrights, trademarks,
slogans, service marks, trade names or other proprietary rights in and to the Service or Proprietary Content, or any part thereof.
Subject to your strict compliance with this Agreement, including any Additional Terms, Company grants you a limited, non-exclusive,
revocable, non-assignable, personal, and non-transferable license to (i) download and copy (temporary storage only), display, view, use,
play the Proprietary Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a
“Device”), and/or print one copy of the Proprietary Content (excluding source and object code in raw form or otherwise ) as it is displayed
to you, in each case for your personal, non-commercial use of the Service only. The foregoing limited license (i) does not give you any
ownership of, or any other intellectual property interest in, any Proprietary Content, and (ii) may be immediately suspended or terminated
for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater
access to and use certain specific Proprietary Content, subject to certain Additional Terms.
Distribution/Uploading Of Third-Party Content
You may not post, modify, distribute, or reproduce Proprietary Content in any way, except as may be specifically permitted by these Terms
or any Additional Terms, without obtaining the prior written consent of the applicable Provider of such Proprietary Content. If we are
notified by any Provider of Proprietary Content that any user has infringed upon the intellectual property rights of such Provider with
respect to such Proprietary Content, we reserve the right to terminate the infringer’s access to the Service. Please understand that the
unauthorized submission or distribution of Proprietary Content is illegal and could subject you to criminal prosecution as well as personal
liability for damages in a civil suit. You will be liable for any damages resulting from any infringement of copyrights or other
proprietary rights, or from any other harm arising from such submission.
If the Provider of any Proprietary Content expressly permits the distribution of such Proprietary Content by users of the Service, any such
permitted use of the Proprietary Content shall contain a copyright or trademark notice, such as “Copyright, [name of owner] [date]; used
If any user submits any copyrighted or other Proprietary Content, including, without limitation, written information, photographs, videos,
graphics, music, sounds, or other material to the Service (collectively, “User Content”), the user automatically grants to us, or warrants
that the owner(s) of all rights in and to such User Content has expressly granted to us, a royalty-free, irrevocable, right and license,
during the full term of the legal protection of such User Content, to use, reproduce, publish, translate, sublicense, copy, and distribute
the User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or
hereafter developed. We may also permit any other Service users to access, store, or reproduce the User Content for those users’ personal
use. Subject to foregoing grants of rights and to any other terms and conditions which may be applicable to the submission of such User
Content, the owner of the User Content placed on the Service retains any and all rights which may exist in such User Content and is
responsible for all third party claims arising out of it. Each time you submit any User Content, you represent and warrant that, as to the
User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, and/or you have a
lawful right to submit the User Content and grant Company the rights to it that you are granting by these Terms and any Additional Terms,
all without any Company obligation to obtain consent of any third party (including without limitation parental consent) and without
creating any obligation or liability of Company (b) the User Content is accurate; (c) the User Content does not and, as to Company’s
permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party;
and (d) the User Content will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted User Content or
information on the Service, can request that certain information be removed from the Service by contacting us at the e-mail or address set
forth in the “Questions” section below making such a request, stating that they personally posted such User Content or information and
detailing where the User Content or information is posted. We will make reasonable good faith efforts to remove the post from prospective
public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive
removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others
that we do not control.
Copyrights and Copyright Agent
We have adopted a policy that provides for the possible termination in appropriate circumstances of users and account holders who infringe
the rights of copyright holders of Proprietary Content or User Content. If you believe that your work appearing on the Service has been
copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the
Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512: a description of the copyrighted work that you claim has been infringed; a description of the location where the material that you claim is infringing is located; a statement by you that you have a good faith belief that the reported use is not authorized by the copyright or intellectual property
owner, its agent, or the law; your name, address, telephone number, and, if available, email address but only if you are 13 or older (if you are not yet 13, your parent
or guardian should provide the parent or guardian’s name, address, telephone number and, if available, email address); a statement by you (or by your parent or guardian if you are under the age of majority in your state of residence), made under penalty of
perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on
the copyright or intellectual property owner’s behalf; and an electronic or physical signature by the person making the submission (i.e., you or such other person authorized to act on behalf of the
copyright holder). If the submission is made electronically, to satisfy the signature requirement please designate the electronic signature
by typing a forward slash before and after the name of the authorized person making the submission (e.g., /Jane Doe/).
Upon receipt of information from you that substantially complies with all of the requirements set forth above, we will investigate your
claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or
“take down” the infringing material. At that point we will notify the individual who uploaded the alleged infringing material, as required
by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Please do not
contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
For copyright infringement inquiries under the DMCA please contact: DMCA Complaints
Saban Brands LLC
Attn: Jocelyn Belloni, VP IP Business and Legal Affairs
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Phone: (310) 557-5841
Fax: (424) 204-9395
Email: email@example.com Third-Party Content
We are an online provider of content, much of which is supplied by third parties and users. We have no more editorial control over such
content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes
part of the content expressed or made available by third parties, including any other user, are those of the respective authors or
distributors of the content, and not ours, our affiliates, their officers, directors, employees, or agents. While we use reasonable efforts
to make sure that content posted by third parties is appropriate for the Service, we do not guarantee the accuracy, completeness,
appropriateness or usefulness of any Proprietary Content or User Content appearing on the Service, nor its merchantability or fitness for a particular purpose. We neither endorse nor are responsible for the accuracy or
reliability of any opinion, advice, or statement made on the Service by anyone other than us. Under no circumstances shall we, or our
affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by information obtained
through the Service. It is your responsibility to evaluate the information, opinions, advice, or other content available through the
Parents may want to consider commercially available parental control protections and child protection software options to limit what minors
can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and
www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
3. LINKS TO THIRD PARTY SERVICES
The Service may contain links to third party websites (“Linked Sites”). The Linked Sites are not under our control and we are not
responsible for the content or information collection policies of any such Linked Sites. We encourage you to read and review the privacy
policies of such Linked Sites. We are only providing the Linked Sites to you as a convenience, and the inclusion of any Linked Sites on the
Service does not imply endorsement of the views or opinions expressed on such sites by us or any of our Providers. Further, we cannot
guarantee the quality or availability of such Linked Sites.
The Service may contain advertisements. The advertisers and/or third parties that provide these advertisements are solely responsible for
insuring that the advertising materials submitted for inclusion on the Service are accurate and comply with all applicable laws. While we
take great care in setting advertising policies designed to limit advertisements on the Service to those that are not clearly
inappropriate, in our own opinion, for our audience, we are not responsible for any ads you find inappropriate, for any errors in such
advertisements, or for the acts or omissions of any advertiser or third party providing advertisements that appear on the Service.
5. RULES OF CONDUCT
You, as a user, agree to use the Service only for lawful purposes. The following is a partial list of the kinds of content and activity
that is illegal or prohibited on and through your use of the Service (the “Prohibited Material”). We reserve the right to investigate and
take appropriate action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the
offending communications from the Service, terminating the account of such violator, reporting such violator to law enforcement authorities
and taking legal action against the offender.
Prohibited Material includes, but is not limited to, activity and/or content that: is or advocates conduct that is offensive, harmful, threatening, abusive, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is false or misleading; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal
activities including, but not limited to violating someone’s privacy, or providing or creating computer viruses; solicits personal information for commercial or unlawful purposes from other users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; interferes with, disrupts, or creates an undue burden on the Services or the networks connected to the Service; uses any information obtained from the Service in order to harass, abuse, or harm another person; uses the Service in a manner inconsistent with any applicable laws and regulations; or otherwise violates any applicable local, state, national or international law. If we are notified of any User Content on the Service provided by you that qualifies as Prohibited Material, we may investigate the
allegation and determine in our sole discretion whether to remove or request the removal of such content from the Service. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Service; or (iii) to protect our rights or property as well as that of our Providers
and any other user.
We reserve the right to prohibit conduct or communications that we deem, in our sole discretion, to be inappropriate or harmful (whether to
us, to individual users, to the Service, to our Providers, to the communities that use the Service, or to any third party), or which we
believe to violate any applicable law. Notwithstanding the foregoing, neither we nor any of our Providers can assure you that other users
will comply with the provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from
any such lack of compliance. Furthermore, neither we nor any of our Providers can ensure prompt removal of questionable content.
Accordingly, neither we nor any of our Providers shall assume liability for any action or inaction with respect to any inappropriate or
harmful conduct, communication, or content on the Service.
6. USE RESTRICTIONS
The Service is for your personal use only and may not be used in connection with any commercial endeavors except those that are
specifically approved by us in writing. Illegal and/or unauthorized use of the Service, including unauthorized commercial use of
photographs contained thereon, collecting user names and/or information pertaining to other users by electronic or other means for the
purpose of sending unsolicited email or unauthorized linking to the Service is prohibited. Appropriate action will be taken for any illegal or unauthorized use of the Service.
Service Use Restrictions
You agree that you will not: (i) aside from your purchase of goods or services that may be offered for sale by Company or its affiliates,
use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds,
collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage
in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful,
offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or
are otherwise objectionable to Company; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble,
reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through
any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the
Service, or otherwise causes harm to the Service, Company, or other users of the Service; (vi) interfere with or circumvent any security
feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Proprietary Content,
or the User Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other
users of the Service, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to
the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise
violate these Terms or any applicable Additional Terms.
Content Use Restrictions
You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Proprietary Content (except as may be
a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper,
crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii)
you will not frame or utilize framing techniques to enclose any such Proprietary Content (including any images, text, or page layout);
(iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Proprietary Content; (iv)
you will not use such Proprietary Content in a manner that suggests an unauthorized association with any of our or our licensors’ products,
services, or brands; (v) you will not make any modifications to such Proprietary Content; (vi) you will not copy, modify, reproduce,
archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display,
disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or
otherwise use or exploit such Proprietary Content in any way for any purpose except as specifically permitted by these Terms or any
applicable Additional Terms or with the prior written consent of an officer of Company or, in the case of Proprietary Content from a
licensor, the owner of the Proprietary Content; and (vii) you will not insert any code or product to manipulate such Proprietary Content in
any way that adversely affects any user experience.
7. YOUR ACCOUNT
If you use the Service, you agree to accept responsibility for (i) keeping confidential any password that you entered to use the Service,
(ii) restricting access to your computer, and (iii) all activities that occur under your account and password. You further agree to provide
us with accurate information in response to any requests for information made on the Service. You shall not impersonate any person or
entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to using another person’s
username, password, or account information or another person’s name, likeness, voice, image or photograph. You must promptly notify us of
any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of
involving the Service.
8. SOLICITED SUBMISSIONS
To the extent that we solicit submissions through features or activities on or through the Service, including, but not limited to games,
sweepstakes, contests, and promotions, your submission, or participation in such features or activities functions as your agreement to
Notice. The license to your User Content applies to your submissions, which may be modified by any applicable Additional Terms. To the
extent any “moral,” “ancillary,” or similar rights in or to the solicited submission exist and are not exclusively assigned by you to us
pursuant to the terms and conditions applicable to such solicited submissions, you agree not to enforce any such rights against us, our
licensees, distributors, agents, representatives, and other parties authorized by us, and you shall procure the same agreement from any
others who may possess such rights.
9. UNSOLICITED SUBMISSIONS
We do not accept, consider or review unsolicited submissions by users of creative ideas, suggestions or materials relating to the Service
or Proprietary Content, or otherwise. This is to avoid the possibility of future misunderstandings when projects independently developed by
us or our agents might seem to be similar to the creative ideas, suggestions or materials of others. We, therefore, ask that you not make
any unsolicited submissions to us. If you do send us or post any unsolicited creative materials, including creative suggestions, ideas,
notes, drawings, concepts, or other information, or transmit to the Service, by electronic mail or otherwise, communications including any
data, questions, comments, suggestions, or the like (collectively, “Unsolicited Information”), your submission functions as your agreement
Children’s Privacy Notice. We shall not be subject to any obligation of confidentiality with respect to such Unsolicited Information, and
we shall not be liable for any use or disclosure of any such Unsolicited Information, whether by us or by any third party, and to the
extent any “moral,” “ancillary,” or similar rights in or to the submission exist, you agree not to enforce any such rights against us, our
licensees, distributors, agents, representatives, and other parties authorized by us, and you shall procure the same agreement from any
others who may possess such rights.
1. ELECTRONIC COMMUNICATIONS
When you send emails to us, you are communicating with us electronically, which constitutes your consent to receive responses from us
applicable law. We may communicate with you by email, your account, or by posting notices on the Service. You agree that all agreements,
notices, disclosures and other communication we provide to you electronically satisfy any legal requirement that such communications be in
1. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:
(I) AS TO THE OPERATION OF THE SERVICE; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY,
CURRENCY, OR COMPLETENESS OF THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF
VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. NUMEROUS FACTORS BEYOND OUR
CONTROL OR THE CONTROL OF ANY OF OUR PROVIDERS MAY INTERFERE WITH THE OPERATION OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, MALWARE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL PROPRIETARY CONTENT, ADVERTISEMENTS,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE.
PLEASE CONSULT YOUR PHYSICIAN AND YOUR CHILD’S PHYSICIAN BEFORE YOU OR YOUR CHILD USE OR BEGIN ANY EXERCISE TECHNIQUE OR PROGRAM. THE
INFORMATION AND MATERIALS PRESENTED ON THIS SERVICE ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR
SUBSTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. ADULT SUPERVISION IS RECOMMENDED.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THE SERVICE, EVEN IF WE OR OUR PROVIDER HAVE 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
A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL
RIGHTS UNDER APPLICABLE LAW.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held to be invalid or
unenforceable, in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the
validity or enforceability of any of the remaining provisions hereof in any jurisdiction.
3. APPLICABLE LAW; JURISDICTION
The Service is created and controlled by us in the State of California, and resides on servers in California. As such, the laws of the
State of California will govern this Agreement, without giving effect to any principles directing the choice of another jurisdiction’s
laws. The parties understand and agree that the exclusive venue shall be Los Angeles, California.
4. BINDING ARBITRATION AND NO CLASS ACTIONS
Subject to our right to seek provisional remedies or injunctive relief is provided below, any controversy or claim arising out of or
relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or
misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall
be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS
Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California and may be initiated by any party in
accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim,
dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding,
based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall
render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no
authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than would be
available from a court under the statutory or common law theory asserted. The arbitrator shall apply the substantive law (and the law of
remedies, if applicable) of California or federal law, or both, as applicable to the claim(s) asserted. It is the arbitrator’s
responsibility to allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective
parties) to the parties in the proportions that
reflect their relative success on the merits (including the successful assertion of any defenses). The arbitrator shall issue a written
opinion that includes the factual and legal basis for any decision and award. Judgment on the award may be entered in any court of
competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or
injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any
right to arbitration.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other
proceedings that involve any claim or controversy of any other party. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be
no right or authority for any dispute to be arbitrated or otherwise brought on a class action basis or on any basis involving disputes
brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if,
for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to
arbitrate will not apply unless we consent to arbitrate.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class
action waiver provisions are for the court to decide. This arbitration provision shall survive termination of this Agreement or the
You agree to indemnify and hold us, our Providers, and our and their subsidiaries, affiliates, and respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand, including attorneys’ fees, made by any third party due to or arising
out of: (i) your use of the Service in violation of this Agreement ; (ii) your breach of this Agreement; (iii) any breach of your
representations and warranties set forth in this Agreement; and (iv) any User Content that you post on or through the Service or otherwise
submit to us.
This Agreement is accepted upon your use of the Service. This Agreement constitutes the entire agreement between you and us regarding the
use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permitted by law.
This Agreement, including all documents referenced herein, represents the entire understanding between you and us regarding your
relationship with us, and supersedes any prior statements or representations. When using the Service, YOU AGREE TO BE BOUND BY THESE TERMS
This Agreement (including any applicable Additional Terms), in the form posted at the time of your use of the applicable services to which
it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER
WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE
MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.
ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE
TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF
NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR
YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms each time you use the Service (at least prior to each
transaction or submission). Any new terms or Additional Terms will be effective as to new use and transactions as of the time that we post
them, or such later date as may be specified in them or in other notice to you. However, the terms (and any applicable Additional Terms)
that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously
committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any
notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until
sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account page (if applicable), and
the e-mail you associated with your account (if applicable) for notices, all of which you agree are reasonable manners of providing you
notice. You can reject any new, revised or additional terms by discontinuing use of the Service.
Please contact us at firstname.lastname@example.org with any questions you may have regarding this Agreement
We take the privacy of every child seriously. We do not collect or store any Personal Information (defined below) about visitors to our Service (hereafter “you”, “visitors” or “users”), except as permitted by the Children’s Online Privacy Protection Act (“COPPA”) and as more fully set forth in this Policy.
This Policy applies only to the Service and does not apply to any other service operated by us or any affiliated company, or to data we collect offline except to the extent it is combined with your Personal Information we collect via the Service.
You should read this entire Policy, but here is a partial list of some of the key topics. Any capitalized terms have the meanings given to them where defined in the Policy.
We ask you for, and use technologies detect information about you, and third parties may also do so in connection with our Services.
We do not monitor or take any action with respect to so-called browser do not track signals. We comply with the Children’s Online Privacy Protection Act (COPPA) and provide parents with certain additional controls.
User information requested by the Service (“User Information”),
Information collected by the Service from the electronic device (e.g., computer, laptop, tablet, smart phone) and Internet browser which the visitor is using to access the Service (“Computer Information”), and
Information collected by third-party advertisers, Service analytics providers and other partners (“Third-Party Information”) to whom we have granted access to the Service.
Under certain circumstances, each type may include personal information as defined by COPPA (“Personal Information”). We collect User Information, Computer Information and Personal Information as permitted by COPPA and as may be otherwise limited by this Policy. We do not collect Personal Information except as permitted by COPPA.
Here is some more detailed information regarding the three categories of information collected from Service visitors, and our collection practices:
1. Do we require you to register to use the Service?
Registration for the Service is not required. Visitors can use and enjoy the Service without registration. However, we do provide the option of registering. If a Child (defined below) chooses to register on the Service, we ask for a limited amount of information, such as a screen name and password. Once a Child is registered, we use this information to allow the Child to save avatars created on the Service, earn points, and “tag” content. We may also store a history of the last things that a registered user has viewed so that the visitor can easily return to these Service locations. We will not collect Personal Information on the Service from children under age thirteen (13) (“Child” or “Children”) except as may be permitted by COPPA.
We may from time to time make available via the Service specially designated sections for Grown-ups. In such specially designated areas, we may collect Personal Information or other information, including through registration, and in doing so we do not intend to collect Personal Information from Children.
What types of community or social features do we offer on our Service and how do we keep these areas safe?
The Service does not allow for open messaging between its users, nor does it allow for the use of third party social networks on children’s portions of the Service, but third party social media tools and other communications functionality for parents may be available in the Grown-ups section. While the Service does allow its users to “rate” content, this tool does not make Personal Information publicly available. We do not typically allow Children to post user-generated content (“UGC”) to the Service, and any UGC submission programs that may be available via the Service will be designed to protect children’s privacy as required by COPPA.
Parents may want to consider commercially available parental control protections and child protection software options to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
1. Do we offer other features on our Service that ask you to provide information?
We may ask our users to provide us with information to help improve the overall experience of the Service. We may do so by providing users with the opportunity to send us feedback and suggestions through a widget form. We do not ask for any contact information on this form. We may provide users the ability to contact us by e-mail, such as for customer service. Unless this generates from the Grown-up section of the Service, we will limit use of the user’s e-mail to a one-time response to an inquiry consistent with COPPA.
Additionally, on occasion, we may run promotions or polls sponsored by us and/or by third-party partners and/or advertisers or provide a way for users to receive information or materials from us or them (each a “Promotion”). This will be done in compliance with COPPA. For instance, if we conduct a contest or sweepstakes on our Service, we will typically collect email addresses from entrants so that we may contact them regarding the promotion and such email addresses collected from entrants to a contest or sweepstakes may be used on a one-time basis such as to notify the winners. We will thereafter remove the email addresses collected for the contest or sweepstakes from the applicable Service database. Or, we may obtain an e-mail address for multiple communications regarding a Promotion, but if we do we will also obtain the parent’s e- mail and give the parent the ability to unsubscribe as required by COPPA.
We may offer Children the ability to send an e-mail to a friend. If we do, we will do so consistent with COPPA to limit prevent open communication and so as not to include the sender’s full name or their online contact information. The friend’s e-mail will only be used to send that message.
If we collect and store any other Personal Information from Children, we will do so consistent with COPPA and this Policy, including obtaining such parental permission as may be required by COPPA.
1. Do we collect information from you using Cookies or other web technologies?
The Service uses third-party analytics software to provide us with information regarding the usage of the Service, including things such as how many people visit the Service on a daily, weekly or monthly basis, what Service content or features our visitors use and the general geographic locations of our users. We provide access to our Service to third party analytics providers, such as Google Analytics. These third parties assist us in measuring, analyzing and improving the internal operations of the Service. These third parties gather information in the aggregate with respect to visitors to the Service, the pages of the Service and advertisements which are viewed by the visitors, and other information with respect to the Internet activities of visitors. These analytics providers do not collect contact information such as e-mail address. Some of these third parties offer you choices regarding what they do collect and how they use that data. For Google’s options visit www.google.com/intl/en/policies/privacyand see their opt- out browser plug-in athttps://tools.google.com/dlpage/gaoptout.
Third-party advertising networks and business partners may also place advertisements on the Service and may track the responses to these advertisements. These third- parties may view, edit or place Cookies, web beacons or similar technologies to help present advertisements, and to help measure and research the advertisements’ effectiveness. We do not permit any third party advertisers to collect your personal contact information (e.g., e-mail address) via our Service, except with notice and your consent (e.g., you request information). We do, however, permit third-party advertisers to track certain other information for operational purposes, such as Computer Information and device identifier related to the source of users who click on the third party advertisements and go to such advertiser ‘s site.
For more on ads on our Service, see the next section.
2. ADVERTISEMENTS AND E-COMMERCE
Our Service contains advertisements which we review, or otherwise make efforts to limit, for appropriateness for our audience. We will further explicitly label all advertising on the Service, other than on the Grown-up section, to help Children understand they are viewing advertisements. We do not permit behavioral advertising on the children’s portions of the Service, though we may serve ads based on context of what the viewer is doing on our Service. If we
allow behavioral advertising on Grown-up portions of the Service, there will be a notice there explaining your opt-out options.
We do not currently offer e-commerce on the Service. However, we may link to third party e- commerce sites from the Grown-up’s section. We are not responsible for those sites or your transactions with them.
Our Service also may contain other links to other services, including those of sponsors and advertisers. When you click on these third party links on the Service, you will be notified that you are leaving our Service. If you are accessing the link from other than the Grown-up section, you will need to click again to choose to go to the service of the third-party.
Please understand that our Policy does not apply to third party services. These third-party services may follow different practices and procedures with respect to the collection, use and disclosure of Personal Information obtained from those persons visiting their services. We, therefore, encourage you to review the privacy policies and terms of service of such third-party services.
3. COOKIES AND WEB BEACONS
We and our third party service providers and/or business partners may also use other tracking technologies such as “Web beacons” or clear .gifs, also treated as Cookies by this Policy. These are small pieces of computer code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver cookies to the browsers of visitors viewing that page. We, our third party service providers and/or our partners may use web beacons on our Service from time to time to help present advertisements and measure their effectiveness.
By visiting our Service, you acknowledge, and agree that you are giving us your consent to track your activities using Cookies (including cookies, web beacons and other technologies) to the extent permitted by COPPA. You can change your privacy preferences regarding the use of
4. HOW WE USE AND SHARE THE INFORMATION 1. What do we use your information for?
1. With whom do we share your information?
We will not share a user’s full name or contact information (or other “personal information” as defined by the California Shine the Light Act) for third party marketing purposes without your consent (and in the case of Personal Information of Children, “verified parental consent as required by COPPA). To the extent permitted by COPPA, we may share other information about our users with third parties for advertising purposes.
We may also share other information, such as aggregated user statistics, with third parties. For instance, we may share your Computer Information with third parties along with usage data related to you and your activities, subject to COPPA’s restrictions.
We may use third-party vendors to perform certain services on behalf of us or the Service, such as hosting the Service, designing and/or operating the Service’s features, tracking the Service’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to your information, including certain Personal Information, to carry out the services they are performing for you or for us, however, for Personal Information of Children, if we do, we will require that they restrict its use as required by COPPA (e.g., use for our and their internal operations purposes as permitted by COPPA).
To the fullest extent permitted by applicable law, we may also disclose your information and data if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Company or third parties (including through the enforcement of this Policy, our Terms of Service, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
We may share your information, including your Personal Information, with our parent, subsidiaries and affiliates, subject to COPPA requirements and other applicable law.We also
reserve the right to disclose and transfer all your information and data: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
We have put in place reasonably appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access to information supplied by or obtained from visitors to our Service. Personal Information that would identify you by full name or contact information collected at the Services will not be stored for longer than is necessary for the purposes described in this Policy, or to otherwise meet legal requirements.
Despite these measures, no method of security is 100 percent secure and, therefore, we cannot guarantee the absolute security of your data.
6. CHILDREN’S PRIVACY AND PARENTAL REVIEW AND CONTROL
We understand the importance of protecting children’s privacy in the interactive world and we follow the requirements of the Children’s Online Privacy Protection Act (“COPPA”) regarding children under the age of thirteen (13) (“Child” or “Children”) and the portions of our Service directed to them. For more information on COPPA and how it protects Children’s Privacy see: http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online
In the event that we become aware that we have collected Personal Information from any Child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your Child has provided us with Personal Information without COPPA-required consent, please contact us using the methods described in the following “Contact us” section, Section 7 below.
Also, parents always have the option to review their Child’s account with the Service (“Account”), disable or cancel the Account, correct factual errors in any information contained in the Account or request the deletion of any information contained in the Account (subject to our reasonable business records needs consistent with COPPA). Parents interested in accessing the Account for the purposes outlined above should contact us using the methods described in the following “Contact us” section, Section 7 below. We may require you to verify your child’s login details (i.e., username and password) before honoring any such requests. Please note that if you deactivate the Account, this action may result in the permanent termination of the Account, as well as any points or achievements earned under that Account.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us using the methods described in the following “Contact us” section, Section 7 below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure
complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
contact us at the following e-mail, phone number or mailing addresses:
8. UPDATES AND EFFECTIVE DATE
This Policy became effective September 15, 2015.
9. GOVERNING LAW
Our Service is governed by and operated in accordance with the laws of the U.S. We make no representation that the Service is operated in accordance with the laws of any other jurisdiction and your use is consent to collection of your data and information in the U.S., which may have lower levels of consumer protection than other countries. Your continued use of the Service indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Information and other data as described in this Policy. If you do not agree to the terms of the Policy and consent to our practices as described hereby, you should promptly discontinue using the Service.
 Personal information as defined by the Children’s Online Privacy Protection Act means individually identifiable information about an individual collected online, including: (i) a first and last name; (ii) a home or other physical address including street name and name of a city or town; (iii) online contact information; (iv) a screen or user name where it functions in the same manner as online contact information; (v) a telephone number; (vi) a Social Security number;
(vii) a persistent identifier that can be used to recognize a user over time and across different services or online services. Such persistent identifier includes, but is not limited to, a customer number held in a cookie, an Internet Protocol (IP) address, a processor or device serial number, or unique device identifier; (viii) a photograph, video, or audio file where such file contains a child’s image or voice; (ix) geo-location information sufficient to identify street name and name of a city or town; or (x) information concerning the child or the parents of that child that the operator collects online from the child and combines with an identifier described in this definition.
 Behavioral advertising is advertising that is specifically targeted to an individual based upon the individual’s browsing activities across sites and services and across time.
You're now leaving the kids' section of Luna Petunia.com. The page you are navigating to is for parents only.
You are about to go to a third-party site that SCG Characters LLC does not operate or control. NOTICE TO PARENTS: Never let your child submit personal information or purchase products on a third-party site without your supervision and participation. For your child’s protection, parents should take charge of all purchases and information disclosures on a third-party site.