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TERMS AND CONDITIONS FOR ALL BRODERBUND WEB SITES

This Internet web site ("Web Site") is provided by Riverdeep, Inc. and its affiliates (collectively "Riverdeep"). Your use of this Web Site is subject to the following terms and conditions.

If you do not agree to the terms stated below, please immediately log off this Web Site.

Use of This Web Site

Riverdeep maintains this Web Site for your personal entertainment, information, education, and communication. Please feel free to browse the Web Site. Without Riverdeep's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Web Site, except that you may download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web Site, please notify Riverdeep immediately at the following address: Riverdeep, Inc., 500 Redwood Blvd., Novato, California 94947, Attention: Legal Department.

Use of Materials on this Web Site

All content available on the Web Site, including but not limited to, characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, sounds, video, templates and projects (the "Properties") are either owned by or used under license by Riverdeep and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in advertisements, public or private presentations, business communications, multimedia presentations, and other similar uses. For example, subject to the restrictions described below, you may use the Properties to create posters, stationery, greeting cards, signs, invitations, calendars, reports, catalogs, brochures, and newsletters.

All rights in derivative works created by the use of a Property shall vest exclusively in Riverdeep or its licensors.

Each authorized use of a Property must be accompanied by the following notice: "c [YEAR] Riverdeep, Inc., and its licensors. All rights reserved."

No other use of any characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, templates and projects contained on any other Riverdeep web site is permitted.

YOU ARE NOT PERMITTED TO:

  • Use any Properties containing trademarks or logos of any third party in any print or electronic media of an editorial, commercial, promotional, or corporate nature;
  • Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections;
  • Sell any item on which any Property is copied or otherwise printed;
  • Use any of the Properties as a logo, trademark or similar designation of your business;
  • Use any individual's or entity's name, likeness, and/or image in any manner which suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person;
  • Use any Property in or to create any immoral, obscene or scandalous works; or
  • Except as otherwise provided by the functionality of the Web Site, use any Property in electronic format, including online use, and multimedia applications unless all of the following conditions are met:
    • The Properties are incorporated for viewing purposes only;
    • The Properties do not comprise a significant portion of the content of the proposed use;
    • A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes; and
    • The Properties are embedded at no higher than a base resolution of 512x768.

Your Communications to and through the Web Site

Riverdeep likes to hear from you. However, in your communications with Riverdeep, please keep in mind that Riverdeep does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Riverdeep any creative or original materials such as ideas for software products, web sites, toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Any communication or material you transmit to or through the Web Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Furthermore, Riverdeep shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Riverdeep reserves the right, but shall have no obligation, to monitor communications or materials you transmit to, through or post on the Web Site, and reserves the right to suspend, delete or withhold any communications or materials and to terminate your access to and use of this Web Site, at any time and for any reason (including for violation of these Terms and Conditions or for any unlawful or improper conduct.) By using this Web Site, you consent to Riverdeep's access of your account and other records for, among other purposes, maintenance, or the investigation of complaints or allegations of misuse or misconduct. You further agree that Riverdeep need not provide any notice to you, either before or after such access, except as required by law. Except as stated in Riverdeep's online Privacy Policy, anything you transmit or post may be used by Riverdeep or licensed to others by Riverdeep for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. By using the Web Site, including by posting or uploading any materials or communications to chat rooms, communities, bulletin boards, the Photo Album database, by sending Photo Album invitations, or by creating and posting any electronic greeting card ("EGC") or sending e-mail notification of an EGC, you agree not to use unlawful, immoral, scandalous or obscene names, graphics, images, photos, or language. You further agree that in creating and posting EGCs and sending electronic mail (email) notifications and invitations from or through the Web Site, you shall only use valid personal names and email addresses and that you will send email notifications and invitations only to people or entities with whom you are personally acquainted and who have all necessary rights to receive the notifications and to access the EGC. You further agree that you will not use any of the services or functions provided by the Web Site to "spam" or otherwise send multiple, unwanted email notifications or invitations to any person, and that you will use the Web Site in a responsible manner.

Content Storage

All online storage services provided on this Web Site for end user content ("End User Content") may be changed, modified or discontinued at any time for any reason without notice at Riverdeep's sole discretion. The current storage limit for End User Content is 50 megabytes per end user. In addition, End User Content may be stored for a maximum of 120 days. After 120 days the End User Content may be deleted without notice. For additional restrictions and information relating to online storage services, please refer to the FAQ posted on the Web Site.

Disclaimer and Limited Liability

This Web Site, including materials accessed from or through it, could include technical inaccuracies or other errors. Your use and browsing of the Web Site are at your risk. Neither Riverdeep nor any other party involved in creating, producing, or delivering the Web Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. Riverdeep does not warrant that the functional aspects of the Web Site will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. Riverdeep neither warrants nor represents that your use of materials displayed on the Web Site will not infringe rights of third parties not owned by or affiliated with Riverdeep. Riverdeep may make available to you certain data storage capacity (such as for Photo Albums); Riverdeep makes no representation or warranty as to, and may modify, with or without notice, at any time and for any reason, the quality or quantity of storage made available and shall have no liability for any loss of, destruction or damage to any data that you attempt to transmit, upload, or that you or any other person attempts to access or download from Riverdeep's data storage facility. All such data transfer and storage shall be at your own risk, and you shall be solely responsible for all loss or damage to your data. Riverdeep may allow you to link from the Web Site to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; Riverdeep shall have no liability for any transaction you enter with a third party accessed through the Web Site. Riverdeep makes no representations or warranties regarding the creation or content of EGCs you post or the delivery of EGC notification emails sent via the Web Site, including the accuracy of sender identity or recipient notification. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Riverdeep reserves the right to make changes to this Web Site at any time without notice. Riverdeep may cancel, change, modify, discontinue, terminate or charge a fee at any time for any reason for the online services or products available in conjunction with this Web Site without notice at Riverdeep's sole discretion. IN NO EVENT WILL RIVERDEEP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RIVERDEEP'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEB SITE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Links

Riverdeep has not reviewed all of the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by Riverdeep of the sites. Your linking to any other off-site pages or other sites is at your own risk.

General Provisions

Riverdeep may revise these Terms & Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. Riverdeep controls and operates this Web Site from its offices in Novato, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. Riverdeep products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Web Site shall take place in a court located in San Francisco, California. By your use of this Web Site you consent to the personal jurisdiction of such courts.


© 2002 Riverdeep, Inc. All Rights Reserved.
Last revised: October 8, 2002.