NickMom: Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This is the Terms of Use Agreement ("Agreement") for NickMom.com, (the "Site") a website owned and operated by the Nickelodeon Group ("we", "us" or "our"), a business unit of Viacom Media Networks, a division of Viacom International Inc. ("VII"). In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site and also includes all software and applications made available through the Site. This Agreement governs only the content, software, features, and activities related to this Site and does not cover websites for any other VII or Viacom Media Networks Company programming channel, or any subsidiaries or affiliates VII (collectively, "Affiliates"), or any other company, unless specifically stated.
 

Your use of the site constitutes your acknowledgement of, and agreement to, abide by the terms of this Agreement and any additional terms that govern certain products and services, such as subscription services and e-commerce services ("Services"), which will be presented in conjunction with those products and services ("Additional Terms"). The Site's Additional Terms, the Privacy Policy and/or the Rules, when applicable, are hereby incorporated into this Agreement by reference. Please note, the Games section of the Site is powered by Shockwave.com, and accordingly, that section is governed by Shockwave's Terms of Use Agreement (the "Shockwave Terms") which are Additional Terms and are incorporated here by reference. Also, all of the agreements referenced in the Shockwave Terms, including, without limitation, the Shockwave User Submission Agreement (governing your submission of User Material (as such term is defined therein), the Virtual Currency Purchasing Agreement (governing purchases of/with Virtual Currencies), and/or any rules of participation ("Rules") presented with certain activities and services including, but not limited to, contests and sweepstakes, and award programs are also Additional Terms, and are incorporated by reference to the extent they are applicable. To the extent a conflict exists between this Agreement and any applicable Additional Terms or Rules, the Additional Terms or Rules shall govern. Also, if you choose to register with the Site using a third party service such as Facebook Connect, the terms of service and privacy policy applicable to that service will be applicable. By accessing and using those areas of the Site, you are agreeing to be legally bound by the terms and conditions applicable to those areas.

The Site is Nickelodeon's destination for all things funny, designed just for moms to consume, discover and share hilarious, relatable and entertaining content, and its target audience is women 18 years of age and up. To help keep our Site safe we have set out Community Guidelines as a general overview of our vision of how the NickMom community will function. Unlike the Community Guidelines, these Terms of Use is the binding legal agreement that you and each community member (registered or otherwise) make with us as you participate.

If you are under 18 years old, by using this Site you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the Site is at their discretion. Until you are 18 years old, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you about these changes; the form of such notice is at our discretion. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement, and any applicable Additional Terms, Rules and the Privacy Policy periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of any revised terms.
 

We may modify the terms under which we provide you with subscription Services including but not limited to the price, content or nature of a subscription Service, upon notice to you. In the event we modify the price or materially degrade the features or nature of a subscription Service, you may terminate such Service. We may terminate this Agreement and any Service at any time upon notice to you, provided that you will be entitled to receive the applicable Service for any period for which you have already paid, or a pro-rata refund, at our sole discretion. We may provide notice by e-mail. This Agreement will automatically terminate if you fail to comply with any term. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
 

The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, Service or feature of the Site, for any purpose whatsoever.
 

This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding your use of the Site and it cannot be modified, except as specifically described in this section.
 

This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, Service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

FLUX

Many of the registration and community features on theSite operate using the Flux Platform. Your use of these Flux-powered features is governed both by our Terms of Use and the Flux Terms of Use, which are Additional Terms, and incorporated herein by reference. Flux is used on a number of social-networking web sites that we refer to as the "Community Sites." The Community Sites allow Flux-registered users ("Members") to create personalized Member profiles, display content, comment on and share information and make friends—all within a Community Site, or across multiple Community Sites that you may choose to join. For more important information about your rights and obligations as a Member of Flux and your Community Site(s), please refer to the Flux Terms of Use.
 

REGISTRATION

We may require you to have a unique user name and password combination in order to use certain features and functions of the Site, including discussion boards, user-generated pages, messaging services and certain other features or functions. You may not (1) select or use a screen name of another person with the intention of impersonating that person, (2) use a screen name of anyone else without authorization, (3) use a screen name in violation of the intellectual property or other legal rights of any person or (4) use a screen name that VII considers, in its sole discretion and for any reason, inappropriate. Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.

You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with the Site, you agree to allow our staff to contact you at your personal email address about your activity on the Site.

You must use your screen name on a regular basis (i.e., log into your Site account) to keep your screen name active. VII may cancel the registration and screen names of any registered user who we determine, in our sole discretion, has not used such screen name for a period of ninety (90) days. If your screen name is canceled, and you wish to resume your use of the "Friends" features, you will need to re-register and obtain a new screen name. If the screen name that you previously used and which was canceled has not been taken by another registered user of VII, you may re-register with your canceled screen name.

 

CONTENT DISCLAIMERS

The videos, articles, product reviews, gift guides, user generated content, postings and other material available on the Site, including all audio, video, text, graphics, images and information and all other material contained on the Site (collectively, the "Content") is presented for educational, entertainment and informational purposes only. The Content is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice. VII cannot guarantee the accuracy, integrity, or quality of any Content.

You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk. While you may freely discuss any topic on the Site (subject to the Community Guidelines), you should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

Neither VII nor its affiliates shall have any liability arising from your purchases of third-party goods or services based upon reviews, articles, gift guides or other Content.

Although the Site may from time to time periodically monitor the content posted on this Site, it is under no obligation to do so. You acknowledge that the Site does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators and other forum leaders, guides and hosts are not authorized Site spokespersons, and their views do not necessarily reflect those of the Site. The Site cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, messaging services or any other interactive features are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.

Nonetheless, the Site will make reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all users. The Site reserves the right, in its sole discretion, to edit, refuse to post, remove or block access to any material submitted to or posted on the discussion boards, user-generated pages or any other interactive areas of the Site that violates these Terms of Use or that is otherwise objectionable as determined by the Site in its sole discretion, but the Site is not responsible for any failure or delay in removing or blocking access to any such material. Notwithstanding the foregoing, the Site does not generally and is under no obligation to screen messages sent via the messaging services, but we reserve the right to do so at any time in our sole discretion. The Site also reserves the right to revoke the privileges of users who do not comply with these Terms of Use.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, VII AND ITS THIRD PARTY PARTNERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT.



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 protectable elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of VII 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, VII 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 print or 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 VII 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 web site) without the express prior written consent of VII. Use of VII 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. We require users to respect our copyrights and other intellectual property rights.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER VII, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

VII hereby grants you a personal limited license to access and use the Site only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VII. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

Any rights not expressly granted to you herein are reserved. Unless you have received specific written permission from VII, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose. In the event of non-compliance with these terms, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site.

USER GENERATED CONTENT, POSTINGS AND CORRESPONDENCE

The Site may contain discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback to the Site, and interact in real-time. To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that Postings do not necessarily reflect the views of VII. In no event shall VII assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on or transmission via this Site. Responsibility for Postings lies with each user, and you alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before hitting the "post" button (or uploading video or other content) as you cannot in every case edit or delete a Posting. Please do not post in haste and consider your words and tone carefully, and then respond in a respectful and serious manner.

We do not claim ownership of any Postings that you may post or submit. However, by submitting a Posting, you hereby authorize VII, and grant VII, our affiliates and other users the non-exclusive right to use, display, reproduce, create derivative works from, modify and distribute, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, VII will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that VII may determine. You agree that VII and our affiliates may identify you as the author of any of your Postings by name, email address or screen name as VII sees appropriate, in its sole discretion. You acknowledge that Postings may be indexed by online search engines.

By submitting a Posting, you represent and warrant to VII that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content including without limitation text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant VII, our affiliates and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity. By submitting a Posting, you agree to defend, indemnify and hold VII, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. In order to encourage safe dialogue about sensitive subjects, members have the option of posting anonymously, meaning their username will not appear on the Posting. Keep in mind, however, that while users may have the option to submit Postings that are anonymous vis-a-vis other users of the Site, NickMom may maintain internal records that track each Posting to the unique user name under which the Posting originated.

You will find a button or link labeled "Report Abuse" on every page of the Site. If you believe that any Postings or other content on the Site violates these Terms of Use, please click the "Report Abuse" button to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. VII has no obligation to delete content that you find personally objectionable but does not violate the Terms of Use.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

VII may (but is under no obligation to) pre-screen Postings and sweep its discussion boards and other areas of the Site periodically in its sole discretion. That said, VII is most often a passive conduit of the information that you and other users submit. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

Any comments, materials, or letters sent by you to VII regarding the Site other than Postings, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Comments") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. VII will have no obligation of any kind with respect to Comments that you do not restrict and VII will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Comments that you do not restrict. You expressly acknowledge and agree that VII may preserve Postings and Comments and may also disclose Postings and Comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings or Comments violate the rights of third parties; or (d) protect the rights, property or personal safety of ParentsConnect, its affiliates, suppliers, users or the public.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy. for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

 

YOUR RESPONSIBILITIES

You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:

1. Violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that VII deems in its sole discretion to be inappropriate for this Site;
4. Victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. Contains any personally identifiable information, or other information which might be used to identify or locate a user;
6. Harms minors in any way;
7. Impersonates any person, business or entity, including VII or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
8. Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
9. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
10. Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
12. Otherwise interferes with the use or enjoyment of this Site by others;
13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
14. Is intended to promote and/or generate revenue for any third party business activity; or
15. Violates these Terms of Use or any guidelines or policies posted on this Site.

VII discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Site. VII reserves the right to delete any such material from the Site. VII will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.

You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

NO SPAM

You may not use this Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Site to violate the terms of this section. We may terminate your access to or use of the Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.

ADVERTISING

From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is strictly and solely between you and such Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We may provide users the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users must provide their consent to receive such information by complying with the specific terms related to such offering. Information that may be requested for specific promotions include, without limitation, a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy and/or Additional Terms and/or Rules.

Under no circumstances will the Site, VII or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site.
 

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES

From time to time, VII or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS NETWORK AND ALL MATERIALS 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 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VII DOES NOT WARRANT THAT THIS NETWORK WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS NETWORK WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VII IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS 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 NETWORK. 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, VII, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE NETWORK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS NETWORK WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VII OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VII'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.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that VII shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.
 

THIRD PARTY HYPERLINKS

VII does not review or monitor any web sites linked to the Site, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by VII, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and VII does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, VII is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither VII nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, VII will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.

ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site—and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware—short for MALicious software—is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

1. Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
2. Install a SpyWare Removal Tool such as
Spybot Search and Destroy or AdAware to clean your computer of Malware.
3. Install antivirus software, such as
Norton anti-virus or McAfee Virus-shield.
4. Install
Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to Contact Us.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless VII, its affiliates and its 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 of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. VII 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 VII in asserting any available defenses.

TERMINATION OR SUSPENSION OF ACCESS; MODIFICATIONS TO SITE

VII reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, VII reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site 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.

ELECTRONIC DELIVERY POLICY

You agree that we may provide to you required notices, agreements and other information concerning the Site electronically. We will post the notices on the home page of this Site or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.

MISCELLANEOUS

VII operates and controls this Site from within the United States of America. This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal is prohibited. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is VII responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. Software made available from this Site (including without limitation game downloads) is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms of Use 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. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site.

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto 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 of Use 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 VII arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


COPYRIGHT

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

These Terms of Use were last updated on August 15, 2012.