Please read this document carefully. You are about to enter into a binding contract. You may not access the "Activities" (which are described below) unless you first agree to the terms of this Agreement. This end user access and license agreement ("Agreement") describes the terms and conditions under which Cartoon Interactive Group, Inc. ("Cartoon Interactive," or "we" or "our") offers the user ("user" or "you") the following computer information services: an account allowing you to access, via the Internet, an information processing system by which Cartoon Interactive creates, generates, stores, displays and processes electronic information fixed on Cartoon Interactive's computer file servers comprising Cartoon Interactive's proprietary online games, interactive features, forums, chat rooms, Web sites and other activities and associated services, whether now known or hereafter created (individually an "Activity" and collectively, the "Activities"), and certain rights to exchange information with Cartoon Interactive's "System" (as defined in Section 1.1 below), and to use such information for your personal entertainment purposes only. In addition, this Agreement sets forth the terms and conditions on which Cartoon Interactive offers you a license to use certain "Software" (as defined in Section 1.1 below) created by Cartoon Interactive and its licensors to enable interaction with Cartoon Interactive's System and to access and use the Activities. The then-current version of this Agreement shall apply each and every time you access Cartoon Interactive's System or use the Activities.
You agree that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge by indicating your agreement to this Agreement when offered the opportunity to do so and by using the System and the Activities. Without limiting the foregoing, you acknowledge that such consideration includes your use and enjoyment of the System and the Activities and all features thereof, and your receipt of data, materials and information available at or through the System.
By indicating your agreement to the terms of this Agreement when offered the opportunity to do so and by using the System and the Activities, you accept the terms and conditions set forth in this Agreement. If you do not indicate your agreement to this Agreement when offered the opportunity to do so or by technical means bypass indicating your agreement, then by installing, playing, copying, downloading, accessing or otherwise using the Software, the System, the Activities or any "Content" (as defined in Section 2.1 below), you agree to be bound by the terms of the then-current Agreement. If you have any questions regarding the terms and conditions of this Agreement, please submit your inquiry through our contact us form. The then-current version of this Agreement can be found on Cartoon Interactive's Web site at http://www.cartoonnetwork.com/legal/euala.html. You are encouraged to frequently review the Agreement for changes and to print and store it for your records and future reference. You agree to accept responsibility for thoroughly reviewing the Agreement when you first access the Activities and each time you are offered the opportunity to do so in connection with the Activities. See Section 5 below concerning modifications and amendments to the Agreement.
1. ACCOUNT AND ACCESS TO SYSTEM AND ACTIVITIES
1.1. Registration and Requirements for Access to System and Activities
By completing the registration process, you are permitted to establish an account ("Account") and to access, through your valid, authorized Account by means of an Internet connection (which Cartoon Interactive does not provide), Cartoon Interactive's information processing system by which Cartoon Interactive creates, generates, stores, displays and processes electronic information fixed on Cartoon Interactive's file servers comprising Cartoon Interactive's proprietary Activities (the "System"). To access the Activities, you (a) may be required to download and install certain Cartoon Interactive software, including data, graphics, sounds effects, music, animation-style video and text (the "Software") which allows you to access and use the Activities, (b) must have a valid Account, (c) must have an Internet connection (which Cartoon Interactive does not provide and which may impact your ability to access the System and the Activities from time to time for reasons outside of Cartoon Interactive's control), and (d) may be required to download and install certain third party software ("Third Party Software") (which Cartoon Interactive does not provide, which may not work on your computer, and which may impact your ability to access the System and the Activities from time to time for reasons outside of Cartoon Interactive's control) and enter into a separate agreement with such third party for access to and use of such Third Party Software. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for (i) providing your own Internet access; (ii) any telecommunication charges or other charges which you incur through access and use of the Activities, including without limitation any premium charges and surcharges due to bandwidth consumption; and (iii) any taxes payable by you in connection with such access and use.
1.2. Eligibility to Establish Account Limited to Natural Persons; Shared and Commercial Use Prohibited; Responsibility for Use of Account
You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the System and Activities is prohibited. Access to the System and the Activities is intended solely for the entertainment, enjoyment and recreation of individual natural persons and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not a single, individual, natural person, are not eligible to establish Accounts, to access the System, or to use the Activities, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Accessing the System and/or using the Activities for commercial, business, or income-seeking purposes is strictly prohibited. BY INDICATING YOUR AGREEMENT TO THIS AGREEMENT WHEN OFFERED THE OPPORTUNITY TO DO SO, YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, AND USE THE ACTIVITIES, AND THAT YOU ARE NOT ACCESSING THE SYSTEM OR USING THE ACTIVITIES FOR A PROHIBITED PURPOSE AND ARE NOT ENGAGING IN A COMMERCIAL ACTIVITY IN VIOLATION OF THIS AGREEMENT.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
1.3. Password, Login Name, and Player Name
Upon registration, you must select a password ("Password"). You are responsible for maintaining the confidentiality of your Password and are responsible for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. IN NO EVENT SHALL CARTOON INTERACTIVE BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT OR THE ATTRIBUTES OF YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, YOUR CHARACTERS, OBJECTS, POSSESSIONS, POINTS, RANK, STATUS, PREMIUM ITEMS, AND VIRTUAL CURRENCY (COLLECTIVELY, "ACCOUNT ATTRIBUTES") IN THE EVENT YOU DISCLOSE YOUR PASSWORD TO ANYONE. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER (AND/OR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT OR ACCOUNT ATTRIBUTES) AS A RESULT OF THE DISCLOSURE OF YOUR PASSWORD TO A THIRD PARTY.
You shall not disclose your Password to any third party or allow anyone to use your Password to access the System or your Account, or to use the Activities. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else. SUCH DISCLOSURE AND/OR USE IS A BREACH OF THE AGREEMENT. WE WILL NEVER ASK YOU FOR YOUR PASSWORD, AND YOU SHOULD NOT DISCLOSE IT IF SOMEONE ASKS YOU TO DO SO.
You may not allow anyone to use your login and/or user name to access the System or your Account or to use the Activities. You may not sell or rent access to your Account to another person for the purposes of allowing them access to the System or the Activities. No player may use the user name of another to impersonate or falsely represent his or her identity. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the login and/or user name of anyone else. You should not use your or another person's real name or any part thereof in your login name. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights. Acceptance of a pseudonym by the System does not constitute a finding or acknowledgement by Cartoon Interactive that your chosen pseudonym does not violate any third party's trademarks, publicity rights or other proprietary rights, and you are responsible for any liability in the choosing of a pseudonym. Cartoon Interactive retains the right to reject any user name it concludes, in its sole discretion, is indecent, obscene, or otherwise violates standards of good taste, or in the event Cartoon Interactive has reasonable belief that such user name violates the intellectual property rights of others. Cartoon Interactive also reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from its Web sites.
1.4 Premium Items and Virtual Currency
Cartoon Interactive may offer end users the ability to license "points," "tokens," "taros" or other forms of virtual currency however denominated ("Virtual Currency") that may be used to license items such as accessories and equipment for a given Activity ("Premium Items"). Regardless of the name used to identify Virtual Currency, you understand and agree that all such Virtual Currency represents a limited license to receive virtual goods and services within the Activity in accordance with the terms of this Agreement. You understand and agree that Virtual Currency and Premium Items are not redeemable for any sum of money or monetary value from Cartoon Interactive, or any of its licensors or affiliated companies, and have no value outside of the Activities. You understand and agree that once you redeem your Virtual Currency within the Activities, your redemption is final and there are no refunds. You understand and agree that Cartoon Interactive has the absolute right to manage, regulate, control, modify, create and/or eliminate Virtual Currency and Premium Items as it sees fit in its sole discretion, in any general or specific case, and that Cartoon Interactive shall have no liability to you based on its exercise of such right. You understand and agree that unless otherwise authorized by Cartoon Interactive, Virtual Currency and Premium Items may only be used in the Activity to which they relate and in no event may be used outside of the Activity. If your access to the Activity expires or is terminated by you or Cartoon Interactive, or if your access to Premium Items or Virtual Currency is terminated or expires for any reason, you understand and agree that the Virtual Currency and Premium Items (and all perceived value associated therewith) shall automatically revert back to Cartoon Interactive and you shall no longer have any right to use or redeem, and you shall have no right to be compensated for, such Virtual Currency or Premium Items (or any perceived value associated therewith). In the event such reversion is not fully recognized or given effect under the law, then, in the case of cancellation or termination, you hereby agree to transfer and assign all remaining Virtual Currency and Premium Items associated with your Account to Cartoon Interactive. IN NO EVENT WILL YOU BE ENTITLED TO A MONETARY REFUND FROM CARTOON INTERACTIVE FOR THE LOSS OF ANY PREMIUM ITEM OR VIRTUAL CURRENCY.
2. OWNERSHIP OF SYSTEM, ACTIVITIES AND CONTENT; RIGHTS TO ACCESS AND USE SAME
2.1. Ownership of System, Activities and Content
You acknowledge and agree that Cartoon Interactive is the sole and exclusive owner of the System and the Activities and that Cartoon Interactive or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) in the computer code, programs, routines, subroutines, objects, files, data, characters (including all Account Attributes comprising or associated with an Account such as Virtual Currency and Premium Items), and information uploaded to, downloaded from, and accessible through the System and the Activities, including, without limitation data, graphics, sound effects, music, animation-style video and text, some of which may be provided to Cartoon Interactive under license from independent content providers which currently exist or which may exist in the future as a result of your interaction with the Activities (collectively, "Content"). You further acknowledge that the Activities and the Content are protected by copyrights, trademarks, and other proprietary rights owned by Cartoon Interactive or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the Agreement. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND USING THE ACTIVITIES IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND ACCOUNT ATTRIBUTES DURING YOUR TIME USING THE ACTIVITIES OR IN THE VALUE OF PREMIUM ITEMS OR VIRTUAL CURRENCY.
2.2. Cartoon Interactive Owns Accounts, Account Attributes, Characters, Items and Objects; Assignment
You acknowledge and agree that your Account(s) and all Account Attributes are part of the System and the Content, and are the sole and exclusive property of Cartoon Interactive, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved. As to information you transmit to the System through your Account, except as otherwise provided herein, you hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to Cartoon Interactive any and all right, title and interest you have or may have, including copyrights, in or to any and all files, data, or information comprising or manifesting in a manner perceptible by any means Account Attributes; provided, however, that the foregoing assignment shall not include the content of messages posted by you to user-to-user areas, but the following terms and conditions shall apply to such content.
2.3. User Content; Terms and Conditions; License
You acknowledge and agree that the Content and User Content may include content owned by independent content providers (including other users) and licensed to us. You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content and User Content. Cartoon Interactive reserves the right, but does not undertake the responsibility, to remove User Content at any time that it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Without limitation of any of its other rights, Cartoon Interactive shall have the right to display and publish any information associated with any characters developed in your Account, for example, in charts, lists and other compilations, such as "Top Ten" lists and the like without any prior notification to you and without any compensation or any form of recompense whatsoever.
2.4 Unsolicited Creative Submissions/Communications
Cartoon Interactive will not accept or consider any creative ideas, suggestions or materials for the Activities or System other than those Cartoon Interactive has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Cartoon Interactive or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, suggestions, ideas, notes, drawings, or concepts relating to the Activities, including, without limitation, ideas or descriptions of how the Activities or any of their features or characters could be enhanced or further developed (collectively, the "Information"), the Information shall be deemed "User Content" and shall be subject to Section 2.3 above. None of the Information shall be subject to any obligation of confidence on the part of Cartoon Interactive, and Cartoon Interactive shall not be liable for any use or disclosure of any Information.
2.5. Rights to Access System, Activities and Content; No Interception or Reverse Engineering; Reverse Engineering Not a Fair Use of the Copyrighted Software; Violation of Agreement a Material Breach
This Agreement grants you the limited, personal, non-exclusive, non-transferable, revocable right to access and use the System, to exchange, download from, and to access and use Content and User Content exclusively via an authorized Account, solely for purposes permitted by, and in a manner consistent with, the terms and conditions of this Agreement. Any and all rights not specifically and expressly granted by Cartoon Interactive herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the Agreement, you may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Content or User Content, or any Account Attributes, or your rights to access and/or use the System. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the System as term is defined under 18 U.S.C. § 1030. WITHOUT LIMITATION OF ANY AND ALL REMEDIES AVAILABLE TO CARTOON INTERACTIVE, WHETHER AT LAW IN EQUITY OR OTHERWISE, ANY ATTEMPT TO ENGAGE IN ANY OF THESE PROHIBITED ACTIVITIES, WHETHER SUCCESSFUL OR NOT, SHALL CONSTITUTE A MATERIAL BREACH OF THE AGREEMENT AND WILL RESULT IN SANCTIONS, RANGING FROM SUSPENSION OF YOUR ACCESS TO THE SYSTEM AND ACTIVITIES, TO IMMEDIATE TERMINATION OF ACCESS TO THE SYSTEM AND ACTIVITIES AND/OR CANCELATION OF ANY AND ALL ACCOUNTS YOU HAVE ON THE SYSTEM OR OTHERWISE HAVE WITH CARTOON INTERACTIVE. IT IS IN CARTOON INTERACTIVE'S SOLE DISCRETION TO DETERMINE WHICH SANCTION, IF ANY, WILL BE UNDERTAKEN BY CARTOON INTERACTIVE.
2.6. Patching the Activities
For the purposes of updating, patching or otherwise modifying the Activities, you hereby grant Cartoon Interactive permission to (a) extract hardware system profile data from your computer; (b) extract information from your computer's file directories pertaining to the Activities and your ability to access the System; and (c) download Content and files to your computer and any data related to operation of the Activities from any computer that logs on to the System using your Account.
2.7. CARTOON INTERACTIVE'S RIGHT TO DISCONTINUE ACCESS TO SYSTEM AND ACTIVITIES IN EVENT OF UNAUTHORIZED USE OF SYSTEM OR MATERIAL BREACH OF AGREEMENT
YOU AGREE THAT ANY MATERIAL BREACH OF THE AGREEMENT OR UNAUTHORIZED ACCESS OR USE OF THE SYSTEM BY YOU OR VIA ANY OF YOUR ACCOUNTS, SHALL ENTITLE CARTOON INTERACTIVE, AT CARTOON INTERACTIVE'S ELECTION, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER REMEDY OR RIGHT WHICH MAY BE AVAILABLE TO CARTOON INTERACTIVE, TO IMMEDIATELY AND WITHOUT NOTICE DISCONTINUE ACCESS TO THE SYSTEM AND ACTIVITIES THROUGH YOUR ACCOUNT, AND ANY AND ALL OTHER ACCOUNTS THAT SHARE THE NAME, PHONE NUMBER, EMAIL ADDRESS, OR INTERNET PROTOCOL ADDRESS WITH THE DISCONTINUED ACCOUNT.
2.8. Activity and System Downtime and Interruption; Compatibility with Third Party Equipment and Software
We will make reasonable commercial efforts to keep Activity and/or System downtime to a minimum, but we can't promise that the System or any Activity or any data stored or transmitted in connection with the System or the Activities will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the System and/or the Activities at any time without notice for repairs, maintenance, improvements or for any other reason.
We make no promise that the Activities will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while accessing the System or using the Activities.
Cartoon Interactive reserves the right to "reset" an Activity and/or the System entirely in the event that Cartoon Interactive identifies an exploit that allows users to "dupe" or "cheat" an Activity in any manner, including without limitation in a manner that facilitates the acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary play.
2.9. Audio/Visual Content, Promotional Material and Advertising
Cartoon Interactive may embed in the Activities audio/visual content, promotional material and advertisements for third party products and services. By indicating your agreement to this Agreement when offered the opportunity to do so, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising embedded within the Activities. Some Activities may be sponsored by third parties ("our Sponsors"), and some in-game items may be acquired by participating in promotions of our Sponsors. Unless otherwise specified, our Sponsors are not affiliated with Cartoon Interactive, and Cartoon Interactive neither endorses any products sold by our Sponsors or guarantees the performance or suitability of those products. Cartoon Interactive is not responsible for any promotion or contest being conducted by any of our Sponsors that is not directly accessible as part of the Activity. You agree not to interfere with or attempt to circumvent any requirement of a Sponsor promotion, such as the purchase of a product in order to obtain promotional codes which may be exchanged in-game for items. You further agree to not take any action that attempts to avoid, hide, modify, or delete any advertising within the Activity.
3. SOFTWARE LICENSE
As to any Software that you download in connection with the Activities, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform and make one (1) copy thereof for backup or archival purposes. You shall not install or operate the Software concurrently on different computers and/or game platforms. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; provided, however, you must acquire and dedicate a license for each separate computer on or from which the Software is installed or run. The Software may not be shared or used concurrently on different computers.
You acknowledge and agree that Cartoon Interactive is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the Agreement. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Subject to the terms of this Agreement, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license to use the Software solely in connection with accessing the System in order to use the Activities via an authorized Account. YOU MAY NOT COPY (EXCEPT TO INSTALL ONE COPY ON YOUR FIXED DRIVE OR STORAGE DEVICE), DISTRIBUTE, RENT, LEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUBLICENSE THE SOFTWARE. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.
The Activities are created for your personal entertainment purposes only and are designed to be played only as written. Therefore, there are certain practices that Cartoon Interactive prohibits.
4.1. Hacks, Cheats, Macros, Modifications, and/or Changes to the Activities; Account "Loading"
You may not use any of your own or third party software to modify the Content or to change game play. You may not use our intellectual property rights contained in the Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the Activities may be played by others, as, for example, through server emulators, whether for profit or not.
You may not take any action that imposes an unreasonable or disproportionately large load on our System. You may not use macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary play. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire Premium Items, Virtual Currency, or other Account Attributes or beneficial actions not actually acquired or performed in an Activity.
Any conduct or practice that results in an Account containing Premium Items, Virtual Currency, or other Account Attributes that are inappropriate for the level or rank of the character contained in the Account (i.e., "item loading") is strictly prohibited. Conduct prohibited shall include, without limitation, arranging, making or accepting in-game transfers of items to a character without adequate in-game consideration, thereby augmenting or aggregating items in the transferee character's Account and having the effect of increasing its value for purposes of an out-of-game Account sale.
4.2. NO SELLING OF ITEMS AND OBJECTS OUTSIDE OF AN ACTIVITY
YOU MAY NOT TRANSFER, SELL OR AUCTION, OR OFFER TO TRANSFER, SELL OR AUCTION, OR BUY OR ACCEPT ANY OFFER TO TRANSFER, SELL OR AUCTION, ANY CONTENT, INCLUDING (WITHOUT LIMITATION) CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES ("PROHIBITED TRANSACTIONS"), OTHER THAN AS ALLOWED BY CARTOON INTERACTIVE INSIDE AN ACTIVITY. YOU MAY NOT ENGAGE IN ANY PROHIBITED TRANSACTION OUTSIDE OF AN ACTIVITY, OR ENCOURAGE OR INDUCE ANY OTHER PLAYER TO PARTICIPATE IN SUCH A PROHIBITED TRANSACTION. THE BUYING, SELLING, TRANSFERRING OR AUCTIONING OF CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES OUTSIDE OF THE ACTIVITY, WHETHER THROUGH ONLINE AUCTIONS (FOR EXAMPLE EBAY OR OTHER THIRD PARTY BROKERAGE SITES), NEWSGROUPS OR POSTINGS ON MESSAGE BOARDS, AND/OR ANY OFFER OR ATTEMPT TO DO SO, CONSTITUTES A VIOLATION OF THIS AGREEMENT. IN ADDITION TO VIOLATING THE AGREEMENT, SELLING AND BUYING OF INDIVIDUAL CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES OUTSIDE OF THE ACTIVITY CONSTITUTES AN UNAUTHORIZED MODIFICATION OF THE DATA COMPRISING THE ACCOUNTS INVOLVED IN THE TRANSACTION, AN UNAUTHORIZED MODIFICATION OF PROPRIETARY CONTENT, AN UNAUTHORIZED USE OF THE SYSTEM, AND VIOLATES CARTOON INTERACTIVE'S INTELLECTUAL PROPERTY RIGHTS. MOREOVER, ENGAGING IN CONDUCT PROHIBITED BY THIS SECTION MAY ALSO CONSTITUTE MISAPPROPRIATION, TORTIOUS INTERFERENCE WITH OUR BUSINESS OR CONTRACTS, FALSE DESIGNATION OF ORIGIN, ENDORSEMENT OR SPONSORSHIP OF SUCH TRAFFICKING, AND TARNISHMENT OF THE GOODWILL IN THE ACTIVITIES.
4.3. Disciplinary Policy
It is Cartoon Interactive's intent to provide Activities that everyone can enjoy without the intrusion of our employees. However, there may be times when issues arise that involve violations of the Agreement. When this happens, we will investigate each incident, ensuring that we are fair and equitable in our dealings with everyone involved. Depending on the severity of the violation and the player's past history, we may take the following actions after our investigation: (a) We may do nothing at all if we find that there was no violation; (b) We may give the player a warning about his or her actions. If this happens we may mark his or her Account with the warning and any details about the incident; (c) We may suspend the player's Account. This is intended to be a "time-out" period that allows the player to think about his or her actions and cool down. If this happens we may mark his or her account with a suspension and any details about the incident; or (d) We may terminate the Account permanently. If this happens we will mark the account as terminated with all details about the incident.
5. MODIFICATIONS AND AMENDMENTS TO AGREEMENT
Cartoon Interactive may amend or modify the terms and conditions of this Agreement from time to time. If the Agreement has been amended or modified, you will be prompted to review the revised Agreement the next time you log into the System and to indicate and confirm your acceptance of the Agreement as a condition of accessing the Activities. Upon indicating your acceptance to the revised Agreement, you will be granted access to the Activities. If the revision alters a material term, and you, in good faith, determine that the modification is unacceptable to you, then you shall have the right to cease using the Activities in accordance with the provisions of Section 6.4 below.
The term of this Agreement between Cartoon Interactive and you shall commence upon the date that you accept this Agreement or you otherwise begin using the Activities and accessing the System and shall continue until the date that Cartoon Interactive ceases to provide any or all of the information services offered hereunder, including without limitation, access to the System and the Activities, unless sooner terminated as provided herein.
6.2. Termination by Cartoon Interactive Upon Cessation of Any or All Information Services Offered Under Agreement
In the event Cartoon Interactive, in its sole discretion, ceases to provide any or all of the information services offered hereunder, including without limitation access to the System and the Activities, then Cartoon Interactive may terminate this Agreement with you, close all Accounts, and cancel all of the rights granted to you hereunder upon not less than thirty (30) days prior notice, which notice may be delivered via Cartoon Interactive's "patching" system, posting on Cartoon Interactive's Web site, forums, message-of-the-day or communication panel, or electronic mail.
6.3. Termination by Cartoon Interactive for Breach
6.4. Termination by User
If you want to terminate this Agreement with Cartoon Interactive and close your Account, please submit your request through our contact us form. If you choose to close your Account, all rights granted to you hereunder will be terminated immediately.
6.5. Effect of Expiration or Termination
(a) IF THIS AGREEMENT EXPIRES OR IS TERMINATED FOR ANY REASON, ALL RIGHTS TO ACCESS THE SYSTEM AND USE THE ACTIVITIES WILL CEASE EFFECTIVE UPON SUCH EXPIRATION OR TERMINATION. IN THE EVENT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT, ALL ACCOUNT ATTRIBUTES ASSOCIATED WITH THE ACCOUNT WILL BE LOST. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT CARTOON INTERACTIVE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE ACTIVITIES ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND USING THE ACTIVITIES IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME USING THE ACTIVITIES. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY FORM OF COMPENSATION FOR THE PAST TIME YOU HAVE SPENT USING THE ACTIVITIES OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT OR ANY ACCOUNT ATTRIBUTES WERE THEY TO BE SOLD. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, PREMIUM ITEMS, VIRTUAL CURRENCY AND/OR OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR ANY ACTIVITY AS A WHOLE IS TERMINATED.
(b) Upon expiration of this Agreement or termination for any reason, the limited licenses granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the System and Activities and (ii) uninstall your copy of the Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer where you originally installed the Software and double-click on the file entitled uninst.exe; (y) access the Add/Remove Programs feature of the operating system located on your computer and follow the instructions to remove the Software; or (z) contact Cartoon Interactive through our contact us form. Users whose Accounts have been discontinued or closed may not access the System or the Activities in any manner or for any reason, including through any other Account, without the express written permission of Cartoon Interactive. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.
7. PRIVACY OF IN-GAME COMMUNICATIONS
If you are offered the opportunity to communicate with other players in a given Activity, you understand that you have no expectation of privacy regarding the communications you make in connection with that Activity, including, without limitation, through private in-game messaging or in open "chat," or in chat rooms or forums, and that Cartoon Interactive representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other player and will not hold Cartoon Interactive responsible for the consequences of any such disclosure by you. Further, you understand that in using an Activity, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Cartoon Interactive, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates the Agreement. HOWEVER, CARTOON INTERACTIVE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING OR HARASSING WHILE YOU USE THE ACTIVITIES. IN THE EVENT THAT CARTOON INTERACTIVE CHOOSES NOT TO TAKE ANY ACTION AGAINST A PLAYER, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL CARTOON INTERACTIVE OR OUR PARENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND/OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE ACTIVITIES OR YOUR TIME SPENT USING THE ACTIVITIES, EVEN IF ANY OF THE SAME HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.
8. PARENTAL GUIDANCE
9. DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION
10. WARRANTY DISCLAIMERS; LIMITATION OF DAMAGES AND EXCLUSIVE REMEDIES; INDEMNITY
WE PROVIDE THE INFORMATION SERVICES OFFERED HEREUNDER, THE SYSTEM, THE ACCOUNT, THE CONTENT, THE USER CONTENT, THE ACTIVITIES, THE SOFTWARE, AND ALL OTHER SERVICES "AS IS" IN ITS AND THEIR PRESENT STATE AND CONDITION.
CARTOON INTERACTIVE CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM OR YOUR ACCESS TO THE SYSTEM, THE SOFTWARE, OR THE ACTIVITIES WILL BE UNINTERRUPTED OR ERROR-FREE. CARTOON INTERACTIVE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISAPLYED IN CONNECTION WITH THE ACTIVITIES. CARTOON INTERACTIVE MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SYSTEM, SOFTWARE OR ACTIVITIES IS GIVEN OR ASSUMED BY CARTOON INTERACTIVE; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS AGREEMENT, IF ANY, THE SYSTEM, ALL INFORMATION ACCESSIBLE THROUGH THE SYSTEM, THE ACCOUNT, THE CONTENT, THE USER CONTENT, THE ACTIVITIES, ALL OTHER SERVICES, AND THE SOFTWARE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATABILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH YOU.
CARTOON INTERACTIVE MAKES NO REPRESENTATION OR WARRANTY THAT THE ACTIVITIES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT OR WITH ANY SPECIFIC SOFTWARE OR THAT IT IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. CARTOON INTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION REQUIRED FOR YOU TO ACCESS THE SYSTEM AND THE ACTIVITIES OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE ACTIVITIES.
YOU MAY ACCESS THE SYSTEM THROUGH YOUR ACCOUNT AT TIMES SUBSTANTIALLY OF YOUR OWN CHOOSING, BUT WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT. THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE ACTIVITIES AND SYSTEM AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND CARTOON INTERACTIVE'S REASONABLE ABILITY TO CONTROL, AND CARTOON INTERACTIVE SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THIS AGREEMENT IN SUCH EVENTS. YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NO GUARANTEE THAT THE ACTIVITIES WILL BE AVAILABLE AT ALL TIMES OR THAT CARTOON INTERACTIVE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE ACTIVITIES ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND USING THE ACTIVITIES IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME USING THE ACTIVITIES. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY FORM OF COMPENSATION FOR THE PAST TIME YOU HAVE SPENT USING THE ACTIVITIES OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, PREMIUM ITEMS, VIRTUAL CURRENCY AND ANY OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR ANY ACTIVITY AS A WHOLE IS TERMINATED.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CARTOON INTERACTIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE ACTIVITIES, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE ACTIVITIES OR (II) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE ACTIVITIES OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE SYSTEM, EVEN IF ANY OF THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SYSTEM AND THE ACTIVITIES.
IN NO EVENT SHALL CARTOON INTERACTIVE'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN CARTOON INTERACTIVE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT OR EMPLOYEE OF CARTOON INTERACTIVE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.
You represent and warrant that you are accessing and using the Activities in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of this Agreement, and that all information provided to Cartoon Interactive or its designee by you in connection with this Agreement, including, without limitation, all registration information is true, correct and accurate. You must promptly provide Cartoon Interactive or its designee with an update in writing if any of your information changes.
Your use of the System and the Activities and your access to your Account constitutes your agreement to indemnify, defend (at Cartoon Interactive's election), and hold harmless Cartoon Interactive, its parents, subsidiaries, and affiliated companies, its and their licensees, successors and assigns, and each of its and their employees, contractors, officers and directors from any and all damages, expenses, liabilities, costs, liens, penalties and losses whatsoever, including reasonable attorney's fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to your use or misuse of the Activities and your access to the System or your Account, including a third party's use or misuse of your Account and/or Password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. Cartoon Interactive shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
11. PHOTOSENSITIVITY SEIZURE WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video games attached to a television set, or while watching a replay or a recording of video game footage may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing or using any Activity. If you experience any of the following symptoms while playing a video or computer game -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY discontinue use and consult your physician before resuming play.
12. GOVERNING LAW; EXCLUSIVE FORUM AND DISPUTE RESOLUTION PROCEDURE
THE AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE STATE OF GEORGIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN GEORGIA BETWEEN GEORGIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF GEORGIA LAW. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED AND SHALL NOT APPLY TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF, THE SYSTEM, THE ACTIVITIES, CONTENT, USER CONTENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING AGAINST CARTOON INTERACTIVE, IF YOU INITIATE THAT ARBITRATION IN ATLANTA, GEORGIA, THEN CARTOON INTERACTIVE AGREES TO PAY ONE-HALF (1/2) OF THE INITIAL COSTS OF BRINGING THAT ACTION, SUBJECT TO RECOUPMENT AT THE END OF THE ARBITRATION IN THE EVENT THAT THE ARBITRATORS DO NOT AWARD YOU THE AMOUNT OF DAMAGES SPECIFIED IN YOUR CLAIM. IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING IN ANY OTHER FORUM, YOU WILL BE REQUIRED TO PAY THE FULL AMOUNT OF THE ARBITRATION FEE, IN LIGHT OF THE COSTS CARTOON INTERACTIVE WILL BE REQUIRED TO INCUR IN DEFENDING AN ACTION IN A FOREIGH JURISDICTION. IN THE EVENT THAT ANY PORTION OF THIS SECTION 12 IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION 12 SHALL REMAIN IN FULL FORCE AND EFFECT.
You acknowledge and agree that any breach or threatened breach by you of this Agreement may result in immediate and irreparable damage to Cartoon Interactive or its licensors or designees for which there is no adequate remedy at law, and in such event Cartoon Interactive, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security. You acknowledge that you have read this entire Agreement and that this Agreement constitutes the entire understanding and contract between you and Cartoon Interactive with respect to the subject matter of this Agreement and supersedes all prior oral and written communications regarding the subject matter of this Agreement.
You shall comply with all applicable laws regarding your access to and use of the System, the Activities, and the Software and your access to your Account. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with this Agreement and all applicable laws and regulations. By this Agreement you acquire no express or implied rights in or to use Cartoon Interactive's or its supplier's tradenames, trademarks or servicemarks.
If any part of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the Agreement, and the remaining portions shall remain in full force and effect.
Except as otherwise provided herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. Except as provided above (including Section 5), or in a writing signed by both parties, this Agreement may not be modified or amended.
Cartoon Interactive will electronically log and store your consent to this Agreement, which you agree shall be sufficient to demonstrate your acceptance. If you have read and agree to be bound by the terms and conditions of this Agreement, please indicate your agreement when prompted to do so.
Cartoon Interactive may offer you the opportunity to participate in sweepstakes, contests and other promotions related to an Activity from time to time. By entering, you agree to abide by the applicable rules and regulations for the applicable sweepstakes, contest or promotion. Further, you will be solely responsible for all federal, state, local and other taxes and any and all other costs, expenses and assessments associated with accepting and using the applicable prize.
This Agreement was last updated and posted on this Web site on March 22, 2011.