The sites which comprise the Network (Nickjr.com and ParentsConnect) are presented to you by Viacom International Inc., ("VII").
The target audience for ParentsConnect and its participants is parents, parents-to-be and other adult members of families. The target audience for Nickjr.com is parents of preschool age children (except for the Kids section of Nickjr.com, which is meant for preschool age children and their parents to use together). If you are under 18 years old, by using this Network 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 Network 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 may require you to have a unique user name and password combination in order to use certain features and functions of the Network, 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 Network and for any use of the Network or any other activity or conduct in connection with the Network 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.
You must use your screen name on a regular basis (i.e., log into your Network 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. By registering for and using the "ParentsConnect Message Center" feature of the Network, you hereby consent to other users adding you to their "contact list" and contacting or attempting to contact you in connection therewith.
The videos, articles, product reviews, gift guides, user generated content, postings and other material available on the Network, including all audio, video, text, graphics, images and information and all other material contained on the Network (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 Network (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 Network. 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 Network 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 Network 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 Network spokespersons, and their views do not necessarily reflect those of the Network. The Network 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.
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 Network software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Network, 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 Network 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 Network, 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 Network 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.
USER GENERATED CONTENT, POSTINGS AND CORRESPONDENCE
The Network 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 Network, and interact in real-time. To the extent that portions of this Network 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 Network. 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, 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 such as Yahoo! and Google.
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, ParentsConnect 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 Network, ParentsConnect may maintain internal records that track each Posting to the unique user name under which the Posting originated.
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 Network periodically in its sole discretion. That said, VII is most often a passive conduit of the information that you and other users submit.
If you believe that any content on the Network (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.
You may use this Network only for lawful, non-commercial purposes. You may not submit or transmit through this Network (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 Network;
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 Network;
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 Network 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 Network 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
You may not use this Network 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 Network to violate the terms of this section. We may terminate your access to or use of the Network 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.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
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.
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 Network, 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 Network.
THIRD PARTY HYPERLINKS
VII does not review or monitor any web sites linked to the Network, 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 Network. We are always on the lookout for technical glitches that effect how the Network 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 Network—and that is beyond our control.
If you experience any unusual behavior, content or ads on the Network, 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 Network is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Network 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 Security Essentials (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.
TERMINATION OR SUSPENSION OF ACCESS; MODIFICATIONS TO SITE
ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information concerning the Network electronically. We will post the notices on the home page of this Network or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Network.
VII operates and controls this Network from within the United States of America. This Network is intended exclusively for residents of the United States. We make no representation that content on this Network 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 Network 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 Network is in compliance with the local laws of jurisdictions outside the United States. No software from this Network 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.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Network and to promptly end any infringement that might occur. If you believe that the Network contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.