CartoonNetwork.com and its affiliated online interactive sites and services (collectively, the "Sites") are operated on behalf of Cartoon Network ("TCN") by its employees and/or authorized agents. By using the Sites, you signify your agreement with the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before using the Sites. If you do not agree with all of the Terms of Use, do not use the Sites. If you are a minor, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you.
d. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. e. You may not include in your member profile any telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites. f. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other users. Although TCN cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior explicit consent. In order to protect our registered members from such advertising or solicitation, TCN reserves the right to restrict the number of messages or emails which a member may send to other registered members in any 24-hour period to a number which TCN deems appropriate in its sole discretion. g. You understand that TCN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. h. TCN reserves the right, but has no obligation, to monitor Content posted in the public areas of the Sites. TCN shall have the right to remove or edit any Content that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of TCN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of TCN. In no event shall TCN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. i. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, 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 advertiser. TCN 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 advertisers on the Sites. j. It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. TCN does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that TCN is not responsible for the use of any personal information that you disclose on the Sites. Please carefully select the type of information that you post on the Sites or release to others. 5. Creative Submissions/ Communications. TCN does not accept or consider creative ideas, suggestions or materials other than those TCN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TCN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain the property of TCN. None of the Information shall be subject to any obligation of confidence on the part of TCN and TCN shall not be liable for any use or disclosure of any Information. TCN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. 6. Copyrights and Copyright Agent. TCN respects the rights of all copyright holders and in this regard, TCN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
The Cartoon Network, LP LLLP Attn: Copyright Agent - TEG Legal Dept. 1050 Techwood Drive NW Atlanta, GA 30318 Phone: (404) 885-0620 Fax: (404) 885-0600 Email: tcncopyrightagent@turner.com 7. User Disputes. You are solely responsible for your interactions with other users. TCN reserves the right, but has no obligation to monitor communications and any disputes between you and other users. 8. Privacy. Use of the Sites is governed by our Privacy Policy which can be located at the home page of www.CartoonNetwork.com. 9. Contests and Sweepstakes, and Other Activities. TCN may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by TCN and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use. 10. Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by TCN, its subsidiaries and affiliates of the opinions or views expressed by these linked sites and TCN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the Content contained in the Sites. Furthermore, TCN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither TCN nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall TCN assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, TCN 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 sites. TCN welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by TCN, its affiliates, or any group or individual affiliated with TCN. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Sites without prior written consent. 11. Limitation on Liability. Your use and browsing of the Sites is at your risk. If you are dissatisfied with any of the Materials or Content contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites. TCN is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. TCN is not responsible for the conduct, whether online or offline, of any users of the Sites. TCN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. TCN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will TCN be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. TCN cannot guarantee and does not promise any specific results from use of the Sites. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TCN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF TCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 12. U.S. Export Controls. Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 or using the 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. 13. Applicable Law; Disputes. Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by TCN from its offices within the State of Georgia. The Sites are intended exclusively for residents of the United States. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. TCN makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Atlanta, Georgia shall be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Atlanta, Georgia and service of process by certified mail. 14. Indemnification. You agree to indemnify, defend and hold harmless, TCN, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. TCN 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 TCN in asserting any available defenses. 15. Other. This agreement, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contains the entire agreement between you and TCN regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. See Cartoon Network's site on America Online, keyword: Cartoon. |
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