Use of the Nelvana web site constitutes your full acceptance and compliance with the following provisions. Nelvana may change these provisions at any time, and if we do, we'll post them here -- so make sure to check back from time to time. If you do not agree with the terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
Use of Material on Our Web site
Nelvana Limited ("Nelvana") has created this web site for both your and your child's personal enjoyment, learning, and use. You can play with and use the material on Nelvana.com, but you may not sell, copy, upload, post or distribute any of Nelvana's content (such as on your personal web site). Unauthorized use of any materials on the Nelvana web site can result in penalties being imposed according to the laws in Canada.
Acceptance of Terms through Use
Links to Third Party Sites & Services
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Nelvana or our licensors or Nelvana has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Nelvana. The use or misuse of any of these materials is strictly prohibited. Nelvana, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
We are pleased to hear from our loyal fans and welcome your comments regarding our products, including our on-line services. Our long-standing company policy, however does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us, and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Nelvana shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.
The Site may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to us and real-time interaction between users. We do not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and we have no obligation to monitor such Bulletin Boards. Use of Bulletin Boards is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through Bulletin Boards including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. You should assume that Bulletin Board communications are not confidential.
By posting content to the Site, you grant Nelvana and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party. Nelvana retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. NELVANA DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NELVANA, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NELVANA, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
Nelvana shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Nelvana and to satisfy any law, regulation or authorized government request. Nelvana shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site without your permission. Without limiting the foregoing, Nelvana shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding the foregoing, Nelvana is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk.
Breaking the Rules
If you do not abide by these provisions, Nelvana may restrict your use of the web site in any way it believes is appropriate. If there is any disagreement about what these Rules mean or how they apply to you, the laws of the Province of Ontario and Canada, as applicable will apply. The Nelvana web site is developed and maintained by Nelvana Limited, in its offices in Toronto, Ontario, Canada. All claims relating to this site shall be governed by the laws of the Province of Ontario.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Nelvana makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
Integration and Severability
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Nelvana reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Privacy and Disclosure
Copyright © 2011 Nelvana Limited. All rights reserved.