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Terms
and Conditions
This is the legal part of the show. It's just so everybody knows the rules for the nick.kids.us website. Be sure to get your parents to review and discuss these rules with you before using nick.kids.us. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at www.nick.kids.us is fully controlled and operated by Nickelodeon Online, a business unit of MTV Networks, a division of Viacom International Inc. ("Nickelodeon Online", "we", "us" or "our"). By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions (or, if you are under the age of majority in your state (usually 18), your parent or legal guardian is hereby agreeing on your behalf to be legally bound by these terms and conditions). If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on July 9, 2004. OWNERSHIP OF INTELLECTUAL PROPERTY All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and/or collectively, the "Material") are the property of Nickelodeon Online and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, Nickelodeon Online hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Nickelodeon Online or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Nickelodeon Online. Use of Nickelodeon Online and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NICKELODEON ONLINE DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nickelodeon Online is not responsible or liable for any infections, tampering with or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NICKELODEON ONLINE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE AND ANY MATERIAL CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NICKELODEON ONLINE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Nickelodeon Online's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. INDEMNIFICATION You agree to indemnify, defend and hold harmless Nickelodeon Online, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you. Nickelodeon Online reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Nickelodeon Online in asserting any available defenses. TERMINATION OR SUSPENSION OF ACCESS; MODIFICATIONS TO SITE Nickelodeon Online reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these terms and conditions or any inappropriate or unlawful behavior on your part. In addition, Nickelodeon Online reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Nickelodeon Online shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance. PRIVACY POLICY Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information. MISCELLANEOUS Nickelodeon Online operates and controls this Site from within the United States of America. This Site is intended exclusively for residents of the United States. Nickelodeon Online makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. These terms and conditions contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these terms and conditions is found to be illegal or unenforceable, these terms and conditions will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. These terms and conditions and all matters or issues collateral hereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these terms and conditions or any other matters related to this Site shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against Nickelodeon Online arising out of or related to use of this Site or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Nickelodeon Online is a member of the Viacom family of companies.
Privacy Notice Thank you for visiting nick.kids.us. Your child's privacy is important to us. Currently, we do not collect any personally identifiable information from our visitors. If we decide to collect such information from children in the future, we will do so consistent with the Children's Online Privacy Protection Act (COPPA). When children visit our site, we may automatically collect certain non-personally identifiable information such as the type of computer operating system (e.g., Windows 2000 or Mac OS) and browser (e.g., Internet Explorer, Netscape) being used, and the domain name of the Internet service provider (e.g., Earthlink, America Online). We use this information to improve the design and content of our site and to enable us to personalize the Internet experience of our visitors. We also may use this information in the aggregate to analyze site usage. In addition, we may use a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this Web site to personally identifiable information (e.g., e-mail address) that a visitor has provided, we do not do so for this site. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. Please
note that this privacy notice does not apply to information collected
at other Nickelodeon sites, such as www.nick.com, which are governed
by separate privacy policies. |
