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Terms of Use

Please read this Terms of Use Agreement carefully, as it describes the terms you and your child must follow during your time on the website.

We may modify, add, delete, or otherwise change the provisions of this agreement from time to time. When we make changes to this agreement, we will notify you of these changes and ask you for your agreement at that time. If you do not agree to the changes, you and your child may not continue to use the site.

  1. Using the Site

We provide the website for use by children and their friends and families. We want it to be an enjoyable and safe experience for all users. Therefore, users of the website must not:

  1.      use the website in such a way as to offend or interfere with others’ use of the website;
  2.      submit materials to the website that violate any law;
  3.      submit materials to the website that infringe or interfere with the rights of others, including (without limitation), materials that
  4.        libel, defame, or invade the privacy of others;
  5.        are pornographic or obscene;

iii.        infringe the intellectual property rights of others, including copyrights, of any third party;

  1.        advocate illegal activity;
  2.        advertise or otherwise solicit funds or are a solicitation for goods and services; or
  3.        are treated as confidential under any contract or policy;
  4.     attempt to circumvent the security systems of the website;
  5.      attempt to gain access to the website in a fraudulent matter;
  6.      attempt to gain access to any other user’s accounts;
  7.      attempt to find out any other user’s password or any personally identifiable information by any means whatsoever, including use of the website or through email communication;
  8.     attempt to use the website for any purposes other than the purposes Carebears.com, in its sole discretion, may decide;

upload or submit any data that contains viruses or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality of or disrupt any software, hardware, networks, telecommunications, servers,  or other equipment.

 

Carebears.com reserves the right, at its discretion, to remove any user, or freeze the account of any user, who violates any of the provisions of this Terms of Use agreement.

 

  1. User-Posted Content

We may permit users to participate in online discussions or posting on the site. If you or your child chooses to participate, you must refrain from using threatening, abusive, obscene, or rude language. Further, you agree not to post or upload material that would infringe upon the rights of third parties. You further agree not to post or upload material containing viruses or other harmful materials. We reserve the right to alter, modify, delete portions of, or remove in its entirety the materials you post or upload to this site.

By posting to the website, you grant us an irrevocable, transferable, and worldwide right to use, alter, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, or make any other use of any of the materials you communicate to us for any purpose, commercial or otherwise, without any compensation to you.

Finally, we ask that you acknowledge and abide by our long-standing corporate policy that prohibits us from accepting or considering creative ideas, suggestions, or materials other than those it has specifically requested or are a part of a submissions agreement. Therefore do not send us any original creative materials. If you fail to honor this policy and submit unsolicited materials to us, the materials submitted will be deemed, and will remain, the property of Cloudco Entertainment. As with other information submitted through the site, you grant to Cloudco Entertainment an irrevocable, transferable, and worldwide right to use, alter, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, or make other any other use of any of the submission materials you communicate to Cloudco Entertainment for any purpose, commercial or otherwise, without any compensation to you.

 

  1. Ownership

This website is owned and operated by Cloudco Entertainment. We reserve the right to outsource the operation of the site to a third party or corporate affiliate.

 

All of the materials on the website are owned by Cloudco Entertainment, its affiliates, it subsidiaries, or its licensors and are protected by national and international intellectual property laws. All trademarks are likewise owned by Cloudco Entertainment, its affiliates, its subsidiaries, or its licensors and are protected by national and international intellectual property laws.

 

You may view and download materials from the website for your individual personal (or familial) non-commercial use. You must keep any trademark, copyright, or other legal notices on any material you download. You may not use any of the materials on the website to state, imply, or suggest that you are associated with Cloudco Entertainment. Any use, other than that permitted by these Terms of Use, is a violation of our copyright or other intellectual property rights.

 

  1. Links to Other Sites

This website may contain web links to other third party Internet sites. We may not operate or control the content found on these third party Internet sites. Further, the presence of these links is NOT an endorsement of these third party Internet sites or their content. Your use of the links is at your own risk. We are not liable for your use of these links.

 

  1. Contests and Sweepstakes

From time to time you may have the opportunity to enter sweepstakes as part of a random drawing for prizes or to send us your submissions as part of a contest where your submissions are judged and the winner awarded a prize for his or her submission. The prizes may be virtual or tangible. We will provide the official rules for such sweepstakes and contests at such times as they are made available on the website. The following minimum rules apply:

  1.      We will tell you the number and types of prizes to be won for both sweepstakes and contests; some prizes are virtual and shall have no retail value while others will have an approximate retail value attached to them;
  2.      Your chances of winning may depend on the number of entries that we receive during the entry period of the particular sweepstakes or your skill in playing the game selected; where you are playing a game against other users of the website, your chances of winning may depend on the number of other players and their skill in playing the game; for sweepstakes many will enter and few will win;
  3.      For some games, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
  4.     Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
  5.      Some sweepstakes may have age restrictions, so check the official rules for terms and conditions that apply;
  6.      Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
  7.      We will clearly advise you of the start and stop times applicable to the sweepstakes or contest entered or game selected;
  8.     There may be limits on the number of times you may play a game, so read the game instructions carefully;
  9.       Prizes will be awarded without undue delay for contests or otherwise in accordance with the official rules for the sweepstakes;
  10.       You may need permission from your parent or legal guardian to enter certain sweepstakes; and
  11.      To the extent that any conflict exists between these Terms of Use and the official rules of a sweepstakes or contest, the official rules of the particular sweepstakes or contest that you choose to enter or to participate in shall govern.

 

  1. Security

 

You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

 

  1. Disclaimers and Limitation of Liability

We make no representation that the materials contained in the site are appropriate or authorized to use in all countries, states, provinces, counties, municipalities, or any jurisdiction thereof. If you choose to access this site, you do so AT YOUR OWN RISK. You are solely responsible for compliance with all applicable laws.

 

This site is to be used for general information and entertainment purposes only. It is not intended for any other purpose. This site does not dole out educational, medical, health, legal, or financial advice.

 

THE MATERIALS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. INDEED CLOUDCO ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES.

 

FURTHER, CLOUDCO ENTERTAINMENT DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS.

 

UNDER ABSOLUTELY NO CIRCUMSTANCES IS CLOUDCO ENTERTAINMENT, ITS SUBSIDIARIES (INCLUDING TCFC AND AGC), AFFILIATED COMPANIES, LICENSORS, AND THOSE THIRD PARTIES ASSISTING IN THE OPERATION OF THE SITE (INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTE THAT BECAUSE OF SOME STATE OR LOCAL LAW, THE ABOVE EXCLUSION OR LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CLOUDCO ENTERTAINMENT’S’ TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Finally, we do not assume any liability for any damage or costs you may incur as a result of transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail (which may or may not contain your personal information). In no event shall the information you provide us be deemed confidential. We are not liable under any circumstances in which information is inadvertently released by us or accessed by third parties without our express, written consent.

 

  1. Miscellaneous

 

  1.      Reservation of Rights. Cloudco Entertainment reserves all rights not expressly granted by these Terms of Use.
  2.      This Agreement Controls. All other notices, policies, disclaimers, and terms and conditions on the website are part of these Terms of Use. Should there be a conflict between the other terms and conditions and these Terms of Use Agreement, the Terms of Use Agreement control.
  3.      Choice of Law. This Agreement is governed by the laws of the State of Ohio of the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of this site.
  4.     Severability. If any term or provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of these Terms of Use.
  5.      Complete Agreement. These Terms of Use, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by Cloudco Entertainment, constitutes the complete agreement and understanding between you and Cloudco Entertainment, its subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the site with respect to the subject matter of these Terms of Use and supersedes all prior agreements and understandings, written or oral. These Terms of Use may not be amended by the user. These Terms of Use supersede any previous quotations, correspondence, or other communications, written or oral, between you and Cloudco Entertainment, its subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the site.
  6.      Notices. Any notice or communication to Cloudco Entertainment required under these terms must be in writing sent to the address specified below. All notices are effective only upon receipt.

contactus@cloudcoentertainment.com

 

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