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All of the games, activities, and other features on the Online Services are here for you to enjoy or are designed to help you be inspired. Features that are directed to parents and legal guardians are for parents and legal guardians only.
As between you and Universal Kids, all of the elements of the Online Services, including the features, activities, content, and software, are the sole property of Universal Kids (or its licensors) and may be used by you only for your personal, noncommercial use.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ONLINE SERVICES. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
By using Sprout on Universal Kids’ Online Services, you agree that:
Universal Kids cannot and does not guarantee that other Online Service users will comply with the rules above. Universal Kids reserves the right to change Online Services or delete content or features in the Online Service at any time, in any way, for any or no reason.
Title and intellectual property rights for the Online Services and content on the Online Services are owned by NBCUniversal, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of NBCUniversal, including, without limitation, "Universal Kids" and the SproutOnline.com, KodyKapow.com, and UniversalKids.com name, may not be used or copied in any manner without the express prior written consent of Universal Kids or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Online Services are the property of their respective owners. Except as specifically provided herein, the copying, redistribution, reselling, or publication of any part of the Online Services without express prior written consent from Children's Network, LLC or other owner of such material is prohibited. In particular, except as specifically provided herein, Universal Kids prohibits the use, copying, distribution, transmission, display, performance, creation of derivative works, or exploitation in any form or manner of any and all content on the Online Services (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without Universal Kids' express prior written consent. Further, the computer code that Universal Kids creates to generate its Online Services is protected by copyright and any copying or adapting of such code is strictly prohibited. Universal Kids hereby grants you a personal, non-exclusive, non-assignable, non-sub licensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from the Online Services, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on the Online Services, provided that you maintain all copyright and other notices contained in such material.
If you are experiencing unusual occurrences or seeing unusual content or advertisements on the Online Services, these problems may be caused by malware or adware installed on your computer or mobile device. Malware is malicious software, such as a virus or spyware that could damage or disable a computer system or mobile device. Adware is any software application in which advertising banners, toolbars, and/or pop-up windows are displayed while the adware program itself is still running. Adware can cause ad banners to be placed directly over the actual advertisement placement within a website. Malware and adware are typically installed on a user’s computer or mobile device without his or her knowledge or consent. Malware and adware can interfere with how SproutOnline.com, KodyKapow.com, UniversalKids.com and other websites appear on your computer, and with the Apps. You may need to repair your computer or mobile device to remove malware and adware. Universal Kids is not responsible for the effects of or liable for damage caused by any third party software on your computer or mobile device.
THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. UNIVERSAL KIDS DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
UNIVERSAL KIDS DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE ONLINE SERVICES. NEITHER UNIVERSAL KIDS NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY UNIVERSALKIDSONLINE.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY HEALTH INFORMATION PROVIDED BY SPROUTONLINE.COM, KODYKAPOW.COM, UNIVERSALKIDS.COM SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR A CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. UNIVERSAL KIDS DOES NOT PROMOTE OR RECOMMEND ANY PARTICULAR FORM OF MEDICAL OR ALTERNATIVE TREATMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM UNIVERSAL KIDSONLINE.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF ONLINE SERVICES IS UPLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE ONLINE SERVICES.
You the user agree to indemnify and hold harmless, and at Universal Kids' request, defend Universal Kids and the Universal Kids Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to:
Universal Kids reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Universal Kids becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on Universal Kids’ servers and systems. During an investigation, Universal Kids may remove any and all disputed material from Universal Kids' servers and systems. If Universal Kids believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Universal Kids may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Universal Kids' servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.
The Online Services are controlled and operated by Universal Kids from within the United States of America, and is intended for use only by residents of the United States. Universal Kids makes no representations or warranties that the content or materials of the Online Services are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Online Services will be available outside the United States. Those who choose to access the Online Services 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. You may not use or export or re-export any content downloaded from the Online Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of New York, U.S.A., without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. It is hereby agreed that, subject to the Arbitration Provision and the Disputes Provision (below), any action at law or in equity arising under this Agreement and/or your use of the Online Services shall be finally adjudicated or determined in any court or courts of the State of New York or of the United States of America, in New York County, New York, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by New York law.
Your use of the Online Services constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Universal Kids or by third-party content providers in connection with content, software, or services available on, through or in connection with the Online Services.
Universal Kids shall be excused from its obligations for any period to the extent that Universal Kids is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Universal Kids’ reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
Universal Kids' failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Universal Kids’ right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Universal Kids to exercise or take advantage of any right or remedy that Universal Kids has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
This Agreement constitutes the entire agreement between you and Universal Kids concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Universal Kids.
Universal Kids respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Online Services infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Online Services, then you may notify Universal Kids using the procedures set forth below.
Send your notice of infringement to our designated agent:
Children's Network, LLC
30 Rockefeller Plaza
Universal Kids Law Department
New York, New York 10112
Your notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;
An identification of the URL web address on SproutOnline.com, KodyKapow.com or UniversalKids.com or other specific location where the allegedly infringing material is located;
The address, telephone number, and email address of the notifying party;
A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR UNIVERSAL KIDS AS A RESULT OF UNIVERSAL KIDS’ RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Universal Kids may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location on the Website or in the Apps at which the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Effective: SEPTEMBER 7, 2017
This "Binding Arbitration of All Disputes; No Class Relief" Section (the "Arbitration Section"), is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Universal Kids agree that we intend that this Arbitration Section satisfies the "writing" requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of the Disputes Section (below) shall apply to all relevant disputes between you and Universal Kids.
If you have any dispute or disagreement with Universal Kids regarding (i) your use of or interaction with the Online Services, (ii) any purchases or other transactions or relationships related to your use of the Online Services, or (iii) any data or information you may provide to us or that Universal Kids may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Online Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.
Universal Kids will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Online Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that Universal Kids may have against you, arising out of, relating to, or connected in any way with this Agreement or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Universal Kids agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Arbitration Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Arbitration Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
This Dispute Resolution only if a Tribunal has Ruled that Abitration is Prohibited by Law Section (the "Disputes Section") applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the Arbitration Section.
Under California Civil Code Section 1789.3, California users of the Online Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
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iPhone™ is a trademark of Apple Inc.
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