Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This site is fully controlled and operated by Nickelodeon Virtual Worlds Group (referred to below as "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms of Use. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms of Use posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use (including the Petpetpark.com Privacy Policy).
OWNERSHIP OF INTELLECTUAL PROPERTY; LICENSE; RESTRICTIONS ON USE
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the .Materials.) are the property of Nickelodeon Virtual Worlds Group 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.
We hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site, provided that all proprietary notices (e.g. .Copyright 2009 - 2010 Viacom International Inc., all rights reserved. Used With Permission..) are properly maintained.
Except for the license granted above, you are not permitted to, and hereby agree not to copy, reproduce, publish, republish, upload, post, transmit, distribute, disseminate, broadcast, modify, create derivative works from, display, perform, sell, decompile, reverse engineer, disassemble, or circulate Materials (or any portion thereof) in any way or by any means (including, without limitation, display and distribute the Materials via a third party website), without our express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Modification of Materials or use of Materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain advertisements, third-party endorsements of any nature, promotions, products, games, services, or other inappropriate content) is strictly prohibited.
We respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
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.
COMMUNICATIONS THROUGH SITE FUNCTIONALITY
To the extent that portions of this Site provide users an opportunity to exchange information, ideas, and opinions through communication functionality (.Messages.), please be advised that Messages do not necessarily reflect the views of us. Although we employ filters on all communication functionality on the Site, and periodically monitor exchanged and posted information, in no event do we assume or have any responsibility or liability for any Messages or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere.
Although users remain solely responsible for the content of their Messages, we will make reasonable efforts to ensure that all communications on the Site serve the best interests of all users and, therefore, we reserves the right to edit, delete, or refuse to post any Message that violates these Terms of Use, as well as revoke the privileges of any user who does not comply with these Terms of Use. We also reserve the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party and you hereby affirmative consent to such us divulging such information in such instances. Please see the Privacy Policy for more information.
You hereby understand and agree that we do not allow any communications that contain:
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Messages that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability.
Further, you agree not to abuse any communication functionality on the Site by "spamming" (posting numerous identical messages) or by creating Messages with inappropriate content. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Messages you provide and all information they contain.
The communication functionality on the Site may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Messages containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money, Neocash, Park Points or Site Items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You (and your parents, if you're under the age of 18) hereby authorize us to use, and to authorize others to use, your Messages and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to us the right to use and change the Messages in any manner that we may determine.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE 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. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT US) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIACOM INTERNATIONAL INC., OUR 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, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
We encourage discretion when browsing the Internet. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will we 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.
We cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from the Site, since such sites are owned and operated by third parties. We do not endorse any of the merchandise or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. We do not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We never give or sell e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so s/he has given permission to us to transmit his personal information to that sponsor. Please make sure you review Petpetpark Privacy Policy for all details regarding our use of your personal information.
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 affect 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.
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.
DENIAL OF ACCESS
We, for any reason and at our sole discretion, may decide that any person shall be denied access to any part of the Site. The sending of an e-mail notice by us to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our 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 of Use by you. We reserve 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 us in asserting any available defenses.
MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neocash, Park Points or Items from any Site game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to us. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on the Site, you will pay us liquidated damages in the sum of Fifty Thousand Dollars ($50,000.00) for each such program as liquidated damages. You agree that if you use such a program on the Petpetpark.com website, you will pay us liquidated damages in the sum of Five Hundred Dollars ($500.00) for each time you use a program.
We operate and control the Site from our offices in Glendale, California, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site 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) 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 of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The 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 California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
This site is fully controlled and operated by Nickelodeon Virtual Worlds Group (referred to below as "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms of Use. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms of Use posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use (including the Petpetpark.com Privacy Policy).
OWNERSHIP OF INTELLECTUAL PROPERTY; LICENSE; RESTRICTIONS ON USE
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the .Materials.) are the property of Nickelodeon Virtual Worlds Group 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.
We hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site, provided that all proprietary notices (e.g. .Copyright 2009 - 2010 Viacom International Inc., all rights reserved. Used With Permission..) are properly maintained.
Except for the license granted above, you are not permitted to, and hereby agree not to copy, reproduce, publish, republish, upload, post, transmit, distribute, disseminate, broadcast, modify, create derivative works from, display, perform, sell, decompile, reverse engineer, disassemble, or circulate Materials (or any portion thereof) in any way or by any means (including, without limitation, display and distribute the Materials via a third party website), without our express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Modification of Materials or use of Materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain advertisements, third-party endorsements of any nature, promotions, products, games, services, or other inappropriate content) is strictly prohibited.
We respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
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.
COMMUNICATIONS THROUGH SITE FUNCTIONALITY
To the extent that portions of this Site provide users an opportunity to exchange information, ideas, and opinions through communication functionality (.Messages.), please be advised that Messages do not necessarily reflect the views of us. Although we employ filters on all communication functionality on the Site, and periodically monitor exchanged and posted information, in no event do we assume or have any responsibility or liability for any Messages or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere.
Although users remain solely responsible for the content of their Messages, we will make reasonable efforts to ensure that all communications on the Site serve the best interests of all users and, therefore, we reserves the right to edit, delete, or refuse to post any Message that violates these Terms of Use, as well as revoke the privileges of any user who does not comply with these Terms of Use. We also reserve the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party and you hereby affirmative consent to such us divulging such information in such instances. Please see the Privacy Policy for more information.
You hereby understand and agree that we do not allow any communications that contain:
- profanity, obscenities, or sexual content (express or implied)
- religious, political, or social commentary
- personal attacks on other people (individually or as a group
- slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images
- petnames or account usernames that would be considered inappropriate under our Terms of Use
- materials created by someone else without their express written permission to do so
- "cheat" or "hack" programs or information or links to sites claiming to have these solicitations of user passwords
- solicitation of user passwords
- private or personal information that might identify another user
- links to third party commercial Web sites
- online chat rooms anywhere on our site or links to sites with chat rooms
- Promotions anywhere on the site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways
- other information that we deem, in our sole discretion, to be inappropriate for this site
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Messages that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability.
Further, you agree not to abuse any communication functionality on the Site by "spamming" (posting numerous identical messages) or by creating Messages with inappropriate content. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Messages you provide and all information they contain.
The communication functionality on the Site may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Messages containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money, Neocash, Park Points or Site Items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You (and your parents, if you're under the age of 18) hereby authorize us to use, and to authorize others to use, your Messages and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to us the right to use and change the Messages in any manner that we may determine.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE 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. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT US) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIACOM INTERNATIONAL INC., OUR 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, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
We encourage discretion when browsing the Internet. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will we 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.
We cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from the Site, since such sites are owned and operated by third parties. We do not endorse any of the merchandise or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. We do not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We never give or sell e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so s/he has given permission to us to transmit his personal information to that sponsor. Please make sure you review Petpetpark Privacy Policy for all details regarding our use of your personal information.
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 affect 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.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot - Search & Destroy or Ad-Aware to clean your computer of Malware.
- Install antivirus software, such as Norton AntiVirus or McAfee Virus-Scan.
- Install Windows 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.
DENIAL OF ACCESS
We, for any reason and at our sole discretion, may decide that any person shall be denied access to any part of the Site. The sending of an e-mail notice by us to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our 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 of Use by you. We reserve 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 us in asserting any available defenses.
MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neocash, Park Points or Items from any Site game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to us. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on the Site, you will pay us liquidated damages in the sum of Fifty Thousand Dollars ($50,000.00) for each such program as liquidated damages. You agree that if you use such a program on the Petpetpark.com website, you will pay us liquidated damages in the sum of Five Hundred Dollars ($500.00) for each time you use a program.
We operate and control the Site from our offices in Glendale, California, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site 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) 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 of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The 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 California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
