Welcome to the internet site of WonderWorldTV.
Please read the terms of use carefully before
using the site.
By clicking a box provided, you agree to terms and
conditions of use. Special terms will apply to certain subscription-based
services. These terms will be posted in connection with the applicable service.
A. By using and/or
visiting any WonderWorld website, including all content and functionality
available through the WonderWorldTV.com domain name, the "WonderWorldTV
Website", or by clicking a box that states accept or agree to these terms,you
signify your agreement to (1) these terms and conditions of use (the
"Terms of Service"), (2) WonderWorldTV's privacy notice, found at http://www.wonderworldtv.com/legal.html
and incorporated here by reference. If you do not agree to any of these terms,
the WonderWorld privacy notice, please do not use the WonderWorldTV Website.
B. You should periodically review the most
up-to-date version of Terms of Service at http://www.wonderworldtv.com/legal.html)
We may attempt to notify you when major changes are made to these Terms of
Service. WonderWorldTV may modify or revise these Terms of Service and policies
at any time, and you agree to be bound by such modifications or revisions.
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
A. Some features of the
Website will require a Power Pal or Power Parent account to be created. Use of
another's account without permission is prohibited. When creating your account,
you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account
password secure. You must notify WonderWorldTV immediately of any breach of
security or unauthorized use of your account.
B. WonderWorldTV will not be liable for
your losses caused by any unauthorized use of your account. You however, may be
liable for the losses of WonderWorldTV or others due to such unauthorized use.
A. Terms of Service applies
to all users of the WonderWorldTV Website, including users who are also
contributors of video content, information, and other materials or services on
the Website. The WonderWorldTV Website includes all aspects of WonderWorldTV.
B. If
you link to a third party website at any time, you expressly relieve
WonderWorldTV from any and all liability arising from your use of the
third-party website.
WonderWorldTV hereby
grants you permission to access and use the Website as set forth in these Terms
of Service, subject to the following:
A. Distribution
in any form, of any kind from any part of the Website, including but not
limited to User Submissions (defined below), without WonderWorldTV's prior
written authorization is prohibited.
B. Alteration or modification of any part
of the Website is prohibited.
C. You may not access User Submissions
(defined below) or WonderWorldTV Content through any technology or means other
than the means provided on the pages of the Website itself.
D. Commercial
use of the website, without the prior written authorization of WonderWorldTV is
prohibited. Prohibited commercial uses
include any of the following actions taken without WonderWorldTV's express
approval:
§
use of the Website or its related services
for the primary purpose of gaining advertising or subscription revenue;
§
selling of advertising, on the WonderWorldTV
website or any third-party website, targeted to the content of specific User
Submissions or WonderWorldTV content;
§
Any use of the Website, to use WonderWorldTV's
resources or User Submissions with the effect of competing with or displacing
the market for WonderWorldTV, WonderWorldTV content, or its User Submissions.
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sale of access to the Website or its
related services.
E. Commercial
uses that are excluded are:
§
uploading an original video to WonderWorldTV.
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any use that WonderWorldTV expressly
authorizes in writing.
F. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Website
in a manner that sends more request messages to the WonderWorldTV server than a
human may handle in the same time frame using a standard on-line web browser. WonderWorldTV
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website (e.g. ratings, email) for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will
otherwise comply with the terms and conditions of these Terms of Service and
all applicable local, national, and international laws and regulations.
A. As a WonderWorldTV
account holder you may submit video content ("User Videos"). User
Videos are collectively referred to as "User Submissions." You
understand that whether or not such User Submissions are published, WonderWorldTV
does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be responsible for your own
User Submissions and the consequences of posting or publishing them. You
affirm, represent, and/or warrant that: you own or have the necessary licenses,
rights, consents, and permissions to use and authorize WonderWorldTV to use all
patent, trademark, trade secret, copyright or other proprietary rights in and
to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service.
C. In connection with User Submissions, you
agree that you will not submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
WonderWorldTV all of the license rights granted herein.
D. You retain all of your ownership rights
in your User Submissions. However, by submitting User Submissions to WonderWorldTV,
you hereby grant, in perpetuity, WonderWorldTV a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in connection
with the WonderWorldTV Website and WonderWorldTV's (and its successors' and
affiliates') business, including without limitation for promoting and
redistributing part or all of the WonderWorldTV Website (and derivative works
thereof) in any media formats, including WonderWorld Entertainment's television programming and through any media channels. You also hereby
grant each user of the WonderWorldTV Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute,
display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service.
E. You agree that you will not, in
connection with User Submissions, submit material that is contrary to WonderWorldTV
Guidelines, found at http://www.wonderworldtv.com/help.html,
which may be updated from time to time, or contrary to applicable local, national,
and international laws and regulations.
Additionally, the following Rules of Conduct apply to
WonderWorldTV. No distribution of any
submission will be allowed that:
1. (a) is defamatory,
abusive, harassing, threatening, or an invasion of a right of privacy of
another person; (b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
or (d) otherwise harms or can reasonably be expected to harm any person or
entity;
2. 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;
F. WonderWorldTV does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and WonderWorldTV
expressly disclaims any and all liability in connection with User Submissions. WonderWorldTV
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and WonderWorldTV
Additionally, the following restrictions and conditions
apply specifically to your use of content on the WonderWorldTV Website.
A. The content on the WonderWorldTV
Website, except all User Submissions (as defined below), including without
limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to WonderworldTV, subject to copyright and other
intellectual property rights under the law. Content on the Website is provided
to you AS IS for your information and personal use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. WonderWorldTV
reserves all rights not expressly granted in and to the Website and the
Content.
B. You may access User Submissions solely:
§
for your information and personal use;
§
as intended through the normal
functionality of the WonderWorldTV Service.
C. You may access WonderWorldTV Content,
User Submissions and other content only as permitted under this Agreement.
WonderWorldTV reserves all rights not expressly granted in and to the
WonderWorldTV Content and the WonderWorldTV Service.
D. You agree not to circumvent, disable or
otherwise interfere with security-related features of the WonderWorldTV Website
or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the WonderWorldTV Website or the Content therein.
E. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions of
third parties obtained through the Website for any commercial purposes.
A. WonderWorldTV will
terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer.
B. WonderWorldTV reserves the right to
decide whether Content or a User Submission is appropriate and complies with
these Terms of Service for violations other than copyright infringement, such
as, but not limited to, pornography, obscene or defamatory material, or
excessive length. WonderWorldTV may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
A. If you are a copyright
owner or an agent thereof and believe that any User Submission or other content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
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A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
§
Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
§
Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
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Information reasonably sufficient to permit
the service provider to contact you, such as an address, telephone number, and,
if available, an electronic mail;
§
A statement that you have a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
§
A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
WonderWorldTV's designated Copyright Agent
to receive notifications of claimed infringement is: Ed Capezzuto, email:
copyright@wonderworldtv.com, fax: 978.687.2090. For clarity, only DMCA notices
should go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to WonderWorldTV
customer service through http://www.wonderworldtv.com/help.html.
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your
User Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter-notice containing the following
information to the Copyright Agent:
§
Your physical or electronic signature;
§
Identification of the content that has been
removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
§
A statement that you have a good faith
belief that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
§
Your name, address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the federal
court in Massachusetts, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement.
If a counter-notice is received by the
Copyright Agent, WonderWorldTV may send a copy of the counter-notice to the
original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at WonderWorldTV's
sole discretion.
YOU AGREE THAT YOUR USE
OF THE WONDERWORLDTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WONDERWORLDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. WONDERWORLDTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WONDERWORLDTV WEBSITE. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WONDERWORLDTV,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WONDERWORLDTV WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WONDERWORLDTV
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by WonderWorldTV
from its facilities in the United States of America. WonderWorldTV makes no
representations that the WonderWorldTV Website is available for use in other
locations. Those who access or use the WonderWorld Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
You agree to defend,
indemnify and hold harmless WonderWorldTV, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
WonderWorldTV Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the WonderWorldTV Website.
You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service.
These Terms of Service,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by WonderWorldTV without restriction.
You agree that: (i) the WonderWorldTV
Website shall be deemed solely based in Massachusetts; and (ii) the WonderWorldTV
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over WonderWorldTV, either specific or general, in jurisdictions
other than Massachusetts. These Terms of Service shall be governed by the
internal substantive laws of the State of Massachusetts, without respect to its
conflict of laws principles. Any claim or dispute between you and WonderWorldTV
that arises in whole or in part from the WonderWorldTV Website shall be decided
exclusively by a court of competent jurisdiction located in Essex County, Massachusetts.
These Terms of Service, together with the Privacy Notice at http://www.wonderworldtv.com/legal.html
and any other legal notices published by WonderWorldTV on the Website, shall
constitute the entire agreement between you and WonderWorldTV concerning the WonderWorldTV
Website. If any provision of these Terms of Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver of such
term or any other term, and WonderWorldTV's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. WonderWorldTV reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the WonderWorldTV Website
following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms. YOU AND WONDERWORLDTV AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE WONDERWORLDTV WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.