Spin Master Studios, Inc. (“Spin Master Studios”, , the “Company”, “we” and “us”) provides the web site (the “Site”) and all site-related services and products, including, without limitation (collectively, the “Service”) subject to your agreement with the terms and conditions set for in this agreement (the “Agreement”). This Agreement governs the relationship between you, the Site visitor and/or Service member (“you”) and the Company with respect to your use of the Service.
We reserve the right at any time to change: (i) the terms and conditions of this Agreement; (ii) the Service, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data on the Service or the hours that the Service is available; (iii) any fees or charges, if any, related to the use of the Service; and (iv) the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure you are familiar with the most current version of this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU ARE PROVIDING YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SITE.
1. USE OF CONTENT
The Site is only for personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You understand and agree, however, that you are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fee related thereto.
All information, materials, functions, and other content (including submissions, as defined below) contained on Spin Master Studios sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names are proprietary.
2. MEMBERS
In order to access and use the Service for any purpose, you must sign up for an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service.
During the registration process we may collect your IP address and computer’s hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is hereby incorporated by reference. You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate authorities. We are not responsible or liable if your Account is “hacked” or if your Account (or the information contained therein) is otherwise deleted.
If you are under 13 years old you will be required to provide your parent/guardian’s email address. Your parent/guardian will receive a “Notice to Parents and Guardians of Informational Practices with Regard to Children” from us by email and you will not be able to access the site until certain steps are taken by your parent/guardian including, but not limited to, signed consent by returning a legal affidavit as required during submission of personally identifiable information and account creation.
For parents/guardians, you agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements. Notwithstanding the foregoing, you shall at all times be responsible and liable for all activities conducted and items obtained through the Account, including, without limitation, all activities which may be conducted and/or items which may be obtained by your child. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
You must not choose a username that features your last name, infringes the rights of any third party, impersonates any Spin Master Studios employee, other users, celebrity or anyone with a considerable about of fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Service via your username or password to any third person (except if you are a parent or guardian to one (1) of your minor children). YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer membership to another account.
3. AVAILABILITY
We will make reasonable efforts to keep downtime to a minimum but we can’t promise that there will not be uninterrupted, secure or error-free service. We reserve the right to interrupt/suspend the Service with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of the Service or its otherwise failure to perform.
4. CODE OF CONDUCT
While using the Service you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. While using the service, you agree not to:
1. post anything that (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
2. post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. post anything that infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
4. post anything that i) does not generally pertain to the designated topic or theme of the Site; (ii) violates any specific restrictions applicable to the Site, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the internet.
5. post anything that (i)expresses or implies that any statements you make or actions you take are endorsed by us; or (ii)impersonate another person (including celebrities), indicate that you are a Spin Master Studios employee, representative of Spin Master Studios, including a CM or CS (Community Manager or Customer Support representative) or attempt to mislead users by indicating that you represent Spin Master Studios or any of Spin Master Studios’ partners or affiliates;
6. post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
7. post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
8. link (i) to any page of or content on the Site other than the URL located at www.airhogs.com or (ii) provide a link to any web sites that promote any product or any service;
9. download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
10. use tools which hack or alter the Software (defined below), or the Service or that allow you to connect to the Software’s private binary interface or utilize user or other interfaces other than those provided by us to you;
11. attempt to obtain a password or other private account information from any other person or user of the Service; and
12. transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
13. post any personal information, or anything that someone can use to identify you, such as your full name, full address, birth date, gender, email address, personal photos or videos of yourself, friends or relatives.
We cannot and do not assure that other users are or will be complying with the foregoing Code of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
5. CLAIMS OF COPYRIGHT INFRINGEMENT
Spin Master Studios asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide Spin Master Studios’ Copyright Agent with a notice of infringement (“Notice”) containing the following information:
1. an electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
3. a description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Spin Master Studios’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By Mail:
Community Management
c/o Spin Master Studios, Inc.
5890 Jefferson Blvd. Suite E
Los Angeles, CA 90016
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spin Master Studios a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. Spin Master Studios will terminate membership privileges and access to the Site for those who engage in acts of infringement.
LIABILITY AND WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS’ FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SPIN MASTER STUDIOS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. SPIN MASTER STUDIOS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SPIN MASTER STUDIOS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
6. INDEMNIFICATION
Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from any breach of these Terms of Use for which you are responsible, or from your use of this Service or transmission of any content through this Site. In other words, if you do something that, according to these terms, warrants the termination of your membership or use of the Site, you must accept full responsibility for anything that happens afterwards.
7. OWNERSHIP AND RESTRICTIONS ON USE
The Site is owned and operated by Spin Master Studios in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
All images, graphics, audio clips, video clips, text and other materials provided on this Site may be protected by copyright or trademark law as the intellectual property of Spin Master Studios or its vendors, suppliers or licensors or other users. None of the material provided on this Site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of Spin Master Studios. Notwithstanding the foregoing, materials in the “Downloadable” section of the Site may be distributed for non-commercial purposes and may not be modified or changed in any manner.
8. JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia), 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 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.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, materials, or other product described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, materials, or other product provided.
9. SWEEPSTAKES, CONTESTS AND GAMES
Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Terms of Use, governs any information you submit in connection with such sweepstakes, contests, and games.
10. ACCOUNT SECURITY POLICY.
All account security is your responsibility. This includes hacking protection, password protection, virus protection, and anything else that has to do with computer or account security. If you believe that your account security has been compromised, you can contact customer service at customercare@spinmaster.com . If an account has been stolen, hacked, or in any other way compromised, we may suspend the account while we investigate. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once our investigation is complete, we will determine the appropriate course of action. If we find someone who is involved with hacking or theft of accounts, we may take all action deemed appropriate in our discretion, including banning all of their accounts.
11. TERMINATION
This Terms of Use shall remain effective until terminated in accordance with its terms. Terms of Use We reserve the right to immediately terminate this Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Terms of Use, your right to use the Site shall immediately cease.
12. NOTICE
If you need to contact us regarding the Site or this Terms of Use, please e-mail customercare@spinmaster.com. You can also contact us via our physical address at Spin Master Studios 5890 Jefferson Blvd. Suite E. Los Angeles, CA 90016. ATTN: Community Management.
13. PROTECTION OF MINORS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.
14. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site 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.
15. MISCELLANEOUS
This Terms of Use is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of San Diego, located in San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Use agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Terms of Use is not assignable, transferable or sublicensable by you except with Spin Master Studios’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
We reserve the right at any time to change: (i) the terms and conditions of this Agreement; (ii) the Service, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data on the Service or the hours that the Service is available; (iii) any fees or charges, if any, related to the use of the Service; and (iv) the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure you are familiar with the most current version of this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU ARE PROVIDING YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THE SITE.
1. USE OF CONTENT
The Site is only for personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You understand and agree, however, that you are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fee related thereto.
All information, materials, functions, and other content (including submissions, as defined below) contained on Spin Master Studios sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names are proprietary.
2. MEMBERS
In order to access and use the Service for any purpose, you must sign up for an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service.
During the registration process we may collect your IP address and computer’s hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is hereby incorporated by reference. You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate authorities. We are not responsible or liable if your Account is “hacked” or if your Account (or the information contained therein) is otherwise deleted.
If you are under 13 years old you will be required to provide your parent/guardian’s email address. Your parent/guardian will receive a “Notice to Parents and Guardians of Informational Practices with Regard to Children” from us by email and you will not be able to access the site until certain steps are taken by your parent/guardian including, but not limited to, signed consent by returning a legal affidavit as required during submission of personally identifiable information and account creation.
For parents/guardians, you agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements. Notwithstanding the foregoing, you shall at all times be responsible and liable for all activities conducted and items obtained through the Account, including, without limitation, all activities which may be conducted and/or items which may be obtained by your child. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
You must not choose a username that features your last name, infringes the rights of any third party, impersonates any Spin Master Studios employee, other users, celebrity or anyone with a considerable about of fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Service via your username or password to any third person (except if you are a parent or guardian to one (1) of your minor children). YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer membership to another account.
3. AVAILABILITY
We will make reasonable efforts to keep downtime to a minimum but we can’t promise that there will not be uninterrupted, secure or error-free service. We reserve the right to interrupt/suspend the Service with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of the Service or its otherwise failure to perform.
4. CODE OF CONDUCT
While using the Service you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. While using the service, you agree not to:
1. post anything that (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
2. post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. post anything that infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
4. post anything that i) does not generally pertain to the designated topic or theme of the Site; (ii) violates any specific restrictions applicable to the Site, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the internet.
5. post anything that (i)expresses or implies that any statements you make or actions you take are endorsed by us; or (ii)impersonate another person (including celebrities), indicate that you are a Spin Master Studios employee, representative of Spin Master Studios, including a CM or CS (Community Manager or Customer Support representative) or attempt to mislead users by indicating that you represent Spin Master Studios or any of Spin Master Studios’ partners or affiliates;
6. post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
7. post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
8. link (i) to any page of or content on the Site other than the URL located at www.airhogs.com or (ii) provide a link to any web sites that promote any product or any service;
9. download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
10. use tools which hack or alter the Software (defined below), or the Service or that allow you to connect to the Software’s private binary interface or utilize user or other interfaces other than those provided by us to you;
11. attempt to obtain a password or other private account information from any other person or user of the Service; and
12. transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
13. post any personal information, or anything that someone can use to identify you, such as your full name, full address, birth date, gender, email address, personal photos or videos of yourself, friends or relatives.
We cannot and do not assure that other users are or will be complying with the foregoing Code of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
5. CLAIMS OF COPYRIGHT INFRINGEMENT
Spin Master Studios asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide Spin Master Studios’ Copyright Agent with a notice of infringement (“Notice”) containing the following information:
1. an electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
3. a description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Spin Master Studios’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By Mail:
Community Management
c/o Spin Master Studios, Inc.
5890 Jefferson Blvd. Suite E
Los Angeles, CA 90016
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spin Master Studios a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. Spin Master Studios will terminate membership privileges and access to the Site for those who engage in acts of infringement.
LIABILITY AND WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS’ FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SPIN MASTER STUDIOS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. SPIN MASTER STUDIOS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SPIN MASTER STUDIOS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
6. INDEMNIFICATION
Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from any breach of these Terms of Use for which you are responsible, or from your use of this Service or transmission of any content through this Site. In other words, if you do something that, according to these terms, warrants the termination of your membership or use of the Site, you must accept full responsibility for anything that happens afterwards.
7. OWNERSHIP AND RESTRICTIONS ON USE
The Site is owned and operated by Spin Master Studios in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
All images, graphics, audio clips, video clips, text and other materials provided on this Site may be protected by copyright or trademark law as the intellectual property of Spin Master Studios or its vendors, suppliers or licensors or other users. None of the material provided on this Site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of Spin Master Studios. Notwithstanding the foregoing, materials in the “Downloadable” section of the Site may be distributed for non-commercial purposes and may not be modified or changed in any manner.
8. JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia), 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 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.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, materials, or other product described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, materials, or other product provided.
9. SWEEPSTAKES, CONTESTS AND GAMES
Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Terms of Use, governs any information you submit in connection with such sweepstakes, contests, and games.
10. ACCOUNT SECURITY POLICY.
All account security is your responsibility. This includes hacking protection, password protection, virus protection, and anything else that has to do with computer or account security. If you believe that your account security has been compromised, you can contact customer service at customercare@spinmaster.com . If an account has been stolen, hacked, or in any other way compromised, we may suspend the account while we investigate. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once our investigation is complete, we will determine the appropriate course of action. If we find someone who is involved with hacking or theft of accounts, we may take all action deemed appropriate in our discretion, including banning all of their accounts.
11. TERMINATION
This Terms of Use shall remain effective until terminated in accordance with its terms. Terms of Use We reserve the right to immediately terminate this Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Terms of Use, your right to use the Site shall immediately cease.
12. NOTICE
If you need to contact us regarding the Site or this Terms of Use, please e-mail customercare@spinmaster.com. You can also contact us via our physical address at Spin Master Studios 5890 Jefferson Blvd. Suite E. Los Angeles, CA 90016. ATTN: Community Management.
13. PROTECTION OF MINORS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.
14. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site 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.
15. MISCELLANEOUS
This Terms of Use is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of San Diego, located in San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Use agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Terms of Use is not assignable, transferable or sublicensable by you except with Spin Master Studios’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
By using the Service, users are agreeing to be bound by the YouTube Terms of Service. For more information about YouTube’s Terms of Service, go here: https://www.youtube.com/t/terms.
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