Teennick
TeenNick Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE(the 'Site'). This Site at TEENNICK.COM is fully controlled and operatedby Noggin LLC, a subsidiary of Viacom International Inc. ('TEENNICK.COM').By accessing and using this Site, you are hereby agreeing to be legallybound by the terms of use of TEENNICK.COM. If you do not agree with all ofthe following terms of use, please do not use this Site. We reserve the right, at our sole discretion, to change, modify orotherwise alter these terms and conditions at any time. Such changesand/or modifications shall become effective immediately upon theposting thereof. Please review the terms and conditions periodically.Your continued use of the Site following the posting of changes and/ormodifications will constitute your acceptance of the revised terms andconditions. For your information, this page was last updated on April21, 2008. OWNERSHIP OF INTELLECTUAL PROPERTY All site software, design, text, images, photographs, illustrations,audio clips, video clips, artwork, graphic material, or othercopyrightable elements, and the selection and arrangements thereof, andtrademarks, service marks and trade names (the 'Material') are theproperty of TEENNICK.COM and/or its subsidiaries, affiliates, assigns,licensors or other respective owners and are protected, withoutlimitation, pursuant to U.S. and foreign copyright and trademark laws. TEENNICK.COM hereby grants you a personal, non-exclusive, non-assignableand non-transferable license to use and display, for noncommercial andpersonal use only, one copy of any material and/or software that youmay download from this Site, including, without limitation, any files,codes, audio or images incorporated in or generated by the software,provided that you maintain all copyright and other notices contained insuch Material. You agree not to reproduce, modify, create derivativeworks from, display, perform, publish, distribute, disseminate,broadcast or circulate any Material to any third party (including,without limitation, the display and distribution of the Material via athird party website) without the express prior written consent of TEENNICK.COM. Use of TEENNICK.COM and/or its licensors' Material is onlypermitted with their express written permission. You further agree thatyou will not disassemble, decompile, reverse engineer or otherwisemodify the Material. Any unauthorized or prohibited use may subject theoffender to civil liability and criminal prosecution under applicablefederal and state laws.
ELIGIBILITY OF REGISTERED USERS In order to enjoy certain of the interactive services on TEENNICK.COM,we may require users to register as a member. Registration and theseservices are only available to users thirteen (13) years or older andwe reserve the right to terminate any registration we believe wasregistered by someone under thirteen (13) years of age. By registering,you represent and warrant to us that (a) all registration informationyou submit is truthful and accurate; (b) you will maintain the accuracyof such information; and (c) that you are thirteen (13) years of age orolder. You are solely responsible for any and all use of your accountand for keeping your registration information current and confidential,and you agree to notify us immediately if you suspect any unauthorizeduse of your account. To learn how we may use the information we collect during the registration process, please read our Privacy Policy. MESSAGE BOARDS AND OTHER POSTINGS To the extent that portions of this Site provide users anopportunity to submit, post, and exchange ideas, information and othermaterial (the 'Postings') and their online user names (the 'UserNames'), please be advised that Postings do not necessarily reflect theviews of TEENNICK.COM. In no event shall TEENNICK.COM assume or have anyresponsibility or liability for any Postings or User Names or for anyclaims, damages or losses resulting from their use and/or appearance onthis Site. You hereby represent and warrant that you have all necessaryrights in and to all Postings and User Names you provide and allinformation they contain and that such Postings and User Names shallnot infringe any proprietary or other rights of third parties orcontain any libelous, tortious, or otherwise unlawful information.
By submitting a Posting, you hereby authorize TEENNICK.COM to use, andauthorize others to use, your Postings and User Names in whole or inpart, on a royalty-free basis throughout the universe in perpetuity inany and all media, now known or hereafter devised, alone, or togetheror as part of other material of any kind or nature, including withoutlimitation commercial use on and advertising and promotion of the Site.Without limiting the foregoing, TEENNICK.COM will have the right to useand change the Postings in any manner, either with or without the UserName, that TEENNICK.COM may determine. Notwithstanding the foregoing,TEENNICK.COM will have no obligation to use the Postings or the UserNames. Additionally, TEENNICK.COM may sweep its message boards andPostings regularly in its sole discretion. Please be advised that in noevent shall TEENNICK.COM assume or have any responsibility or liabilityfor the manner in which the Posting is exploited or for any claim,damages or losses resulting from their use and/or appearance onTEENNICK.COM, affiliated television program services or elsewhere. TEENNICK.COM does not allow, and you agree not to provide, any Postings which contain: * Private or personal information which might identify a user * Profanity or obscenities * Personal attacks on other individuals * Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or * Other information that TEENNICK.COM deems in its sole discretion to be inappropriate for this Site. * The activities and message boards may be used by visitors to oursite for noncommercial purposes only. Users may not post anyinformation intended to promote and/or generate revenue for any thirdparty business activity. Although TEENNICK.COM regularly monitors thecontent posted on this Site, we cannot be responsible for the views oropinions expressed by third parties. Nonetheless, TEENNICK.COM will makeevery effort to ensure that the activities message boards best servethe interests of all users and, therefore, TEENNICK.COM reserves the rightto refuse to post, edit, or delete messages that contain any of theabove referenced elements, as well as revoke the privileges of userswho do not comply with such rules. If you believe that any content on the Site (including, withoutlimitation, Postings) violates any of the terms of this Agreement(except for any notices covered by the Copyright Compliance Policy),please click here to send us a message about it (please refer to our Copyright Compliance Policyfor any notices covered by the Copyright Compliance Policy). We cannotguarantee that we will respond to your message and we reserve the rightto take or refrain from taking any or all steps available to us once wereceive any such message.
CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES TEENNICK.COM provides Rules of Participation for certain activities onthis Site including, without limitation, contests and sweepstakesconducted by TEENNICK.COM and those in conjunction with third parties.This Agreement is incorporated by reference to the specific Rules ofParticipation which appear in connection with information about aparticular activity. To the extent that any conflict exists betweenthis Agreement and specific Rules of Participation, the Rules ofParticipation for the activity in which you choose to participate shallgovern. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED ANDTRANSMITTED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE-N.COM is not responsible or liable for any infections orcontamination of your system, or delays, inaccuracies, errors, oromissions arising out of your use of this Site or with respect to theinformation and material contained on this Site. The entire risk as tothe quality, accuracy, adequacy, completeness, correctness and validityof any material rests with you. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, TEENNICK.COM, ITS PARENT(S), AFFILIATES, ANDTHEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BELIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILARDAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THEMATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OROTHERWISE SUPPLIED BY TEENNICK.COM OR ANY THIRD PARTY. Notwithstanding theforegoing, in no event shall TEENICK.COM's liability to you for any andall claims, damages, losses, and causes of action (whether in contract,tort or otherwise) exceed the amount paid by you, if any, for accessingthis Site.
THIRD PARTY HYPERLINKS The appearance of external hyperlinks and/or banners generated bythird parties does not constitute endorsement by TEENNICK.COM, itsparent(s), subsidiaries and/or affiliates, of the opinions or viewsexpressed by these third party websites and TEENNICK.COM does not verify,endorse, or take responsibility for the accuracy, currency,completeness or quality of the content contained at these sites.Furthermore, TEENNICK.COM is not responsible for the quality or deliveryof the products or services offered, accessed, obtained by oradvertised at such sites. As such, neither TEENNICK.COM nor itssubsidiaries and affiliates will be responsible for any errors oromissions or for the results obtained from the use of such informationcontained in these sites. Finally, TEENNICK.COM will under nocircumstances be liable for any direct, indirect, incidental or specialloss or other damage, whether arising from negligence, breach ofcontract, defamation, infringement of copyright or other intellectualproperty rights, caused by the exhibition, distribution or exploitationof any information or content contained within these third partyhyperlinked sites. INDEMNIFICATION You agree to indemnify, defend and hold harmless, 'TeenNick', itsparent(s), affiliates, and their respective officers, directors,employees, agents, licensors, representatives, and third partyproviders to the Site from and against all losses, expenses, damagesand costs, including reasonable attorneys' fees, resulting from anyviolation of this agreement by you. TEENNICK.COM reserves the right toassume, at its sole expense, the exclusive defense and control of anymatter subject to indemnification by you, in which event you will fullycooperate with TEENNICK.COM in asserting any available defenses.
MISCELLANEOUS TEENNICK.COM operates and controls this Site from its offices at 1633Broadway, New York, New York 10019, United States of America. This Siteis intended for residents of the United States only. No software fromthis Site may be downloaded, exported or re-exported in violation ofany law including, without limitation, to countries that are subject toU.S. export restrictions. This Agreement contains the entire understanding and supersedes allprior understanding of the parties hereto relating to the subjectmatter hereof, and cannot be changed or terminated orally. If anyprovision of this Agreement is found to be illegal or unenforceable,the Agreement will be deemed curtailed to the extent necessary to makeit legal and enforceable and will remain, as modified, in full forceand effect. This Agreement and all matters or issues collateral theretowill be governed by, construed and enforced in accordance with the Lawsof the State of New York applicable to contracts executed and performedentirely therein (without regard to any principles of conflict oflaws), and jurisdiction for any court action in the State and County ofNew York. COPYRIGHT We take protection of copyrights, both our own and others, veryseriously. We therefore employ multiple measures to prevent copyrightinfringement over this Site and to promptly end any infringement thatmight occur. If you believe that the Site contains elements thatinfringe your copyrights in your work, please follow the procedures setforth in our Copyright Compliance Policy. ADS AND MALWARE We take great care and pride in creating this Site. We are always onthe lookout for technical glitches that effect how the Site works. Whenwe find them on our end, we will fix them. Unfortunately, your homecomputer may cause some glitches that effect how you see our Site --and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site,it may be the result of Malware on your computer. Malware -- short forMALicious softWARE -- is a term used to broadly classify a form ofsoftware which is installed in a computer system with maliciousintentions, usually without the owner's knowledge or permission.Malware includes computer viruses, key loggers, malicious activecontent, rogue programs and dialers, among others. While wecontinuously work closely with our partners to ensure that everythingon the Site is working properly, sometimes Malware programs on yourpersonal computer may interfere with your experience on our Site and onother sites that you visit. We suggest that you take some of the following actions which mayhelp to clean your computer and which could prevent futureinstallations of Malware. ? Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser). ? Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.? Install antivirus software, such as Norton Anti-Virus or McAfee Virus-Shield.? Install Microsoft Defender (for Windows computers).Please note that we cannot be responsible for the effect
ELIGIBILITY OF REGISTERED USERS In order to enjoy certain of the interactive services on TEENNICK.COM,we may require users to register as a member. Registration and theseservices are only available to users thirteen (13) years or older andwe reserve the right to terminate any registration we believe wasregistered by someone under thirteen (13) years of age. By registering,you represent and warrant to us that (a) all registration informationyou submit is truthful and accurate; (b) you will maintain the accuracyof such information; and (c) that you are thirteen (13) years of age orolder. You are solely responsible for any and all use of your accountand for keeping your registration information current and confidential,and you agree to notify us immediately if you suspect any unauthorizeduse of your account. To learn how we may use the information we collect during the registration process, please read our Privacy Policy. MESSAGE BOARDS AND OTHER POSTINGS To the extent that portions of this Site provide users anopportunity to submit, post, and exchange ideas, information and othermaterial (the 'Postings') and their online user names (the 'UserNames'), please be advised that Postings do not necessarily reflect theviews of TEENNICK.COM. In no event shall TEENNICK.COM assume or have anyresponsibility or liability for any Postings or User Names or for anyclaims, damages or losses resulting from their use and/or appearance onthis Site. You hereby represent and warrant that you have all necessaryrights in and to all Postings and User Names you provide and allinformation they contain and that such Postings and User Names shallnot infringe any proprietary or other rights of third parties orcontain any libelous, tortious, or otherwise unlawful information.
By submitting a Posting, you hereby authorize TEENNICK.COM to use, andauthorize others to use, your Postings and User Names in whole or inpart, on a royalty-free basis throughout the universe in perpetuity inany and all media, now known or hereafter devised, alone, or togetheror as part of other material of any kind or nature, including withoutlimitation commercial use on and advertising and promotion of the Site.Without limiting the foregoing, TEENNICK.COM will have the right to useand change the Postings in any manner, either with or without the UserName, that TEENNICK.COM may determine. Notwithstanding the foregoing,TEENNICK.COM will have no obligation to use the Postings or the UserNames. Additionally, TEENNICK.COM may sweep its message boards andPostings regularly in its sole discretion. Please be advised that in noevent shall TEENNICK.COM assume or have any responsibility or liabilityfor the manner in which the Posting is exploited or for any claim,damages or losses resulting from their use and/or appearance onTEENNICK.COM, affiliated television program services or elsewhere. TEENNICK.COM does not allow, and you agree not to provide, any Postings which contain: * Private or personal information which might identify a user * Profanity or obscenities * Personal attacks on other individuals * Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or * Other information that TEENNICK.COM deems in its sole discretion to be inappropriate for this Site. * The activities and message boards may be used by visitors to oursite for noncommercial purposes only. Users may not post anyinformation intended to promote and/or generate revenue for any thirdparty business activity. Although TEENNICK.COM regularly monitors thecontent posted on this Site, we cannot be responsible for the views oropinions expressed by third parties. Nonetheless, TEENNICK.COM will makeevery effort to ensure that the activities message boards best servethe interests of all users and, therefore, TEENNICK.COM reserves the rightto refuse to post, edit, or delete messages that contain any of theabove referenced elements, as well as revoke the privileges of userswho do not comply with such rules. If you believe that any content on the Site (including, withoutlimitation, Postings) violates any of the terms of this Agreement(except for any notices covered by the Copyright Compliance Policy),please click here to send us a message about it (please refer to our Copyright Compliance Policyfor any notices covered by the Copyright Compliance Policy). We cannotguarantee that we will respond to your message and we reserve the rightto take or refrain from taking any or all steps available to us once wereceive any such message.
CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES TEENNICK.COM provides Rules of Participation for certain activities onthis Site including, without limitation, contests and sweepstakesconducted by TEENNICK.COM and those in conjunction with third parties.This Agreement is incorporated by reference to the specific Rules ofParticipation which appear in connection with information about aparticular activity. To the extent that any conflict exists betweenthis Agreement and specific Rules of Participation, the Rules ofParticipation for the activity in which you choose to participate shallgovern. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED ANDTRANSMITTED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE-N.COM is not responsible or liable for any infections orcontamination of your system, or delays, inaccuracies, errors, oromissions arising out of your use of this Site or with respect to theinformation and material contained on this Site. The entire risk as tothe quality, accuracy, adequacy, completeness, correctness and validityof any material rests with you. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, TEENNICK.COM, ITS PARENT(S), AFFILIATES, ANDTHEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BELIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILARDAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THEMATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OROTHERWISE SUPPLIED BY TEENNICK.COM OR ANY THIRD PARTY. Notwithstanding theforegoing, in no event shall TEENICK.COM's liability to you for any andall claims, damages, losses, and causes of action (whether in contract,tort or otherwise) exceed the amount paid by you, if any, for accessingthis Site.
THIRD PARTY HYPERLINKS The appearance of external hyperlinks and/or banners generated bythird parties does not constitute endorsement by TEENNICK.COM, itsparent(s), subsidiaries and/or affiliates, of the opinions or viewsexpressed by these third party websites and TEENNICK.COM does not verify,endorse, or take responsibility for the accuracy, currency,completeness or quality of the content contained at these sites.Furthermore, TEENNICK.COM is not responsible for the quality or deliveryof the products or services offered, accessed, obtained by oradvertised at such sites. As such, neither TEENNICK.COM nor itssubsidiaries and affiliates will be responsible for any errors oromissions or for the results obtained from the use of such informationcontained in these sites. Finally, TEENNICK.COM will under nocircumstances be liable for any direct, indirect, incidental or specialloss or other damage, whether arising from negligence, breach ofcontract, defamation, infringement of copyright or other intellectualproperty rights, caused by the exhibition, distribution or exploitationof any information or content contained within these third partyhyperlinked sites. INDEMNIFICATION You agree to indemnify, defend and hold harmless, 'TeenNick', itsparent(s), affiliates, and their respective officers, directors,employees, agents, licensors, representatives, and third partyproviders to the Site from and against all losses, expenses, damagesand costs, including reasonable attorneys' fees, resulting from anyviolation of this agreement by you. TEENNICK.COM reserves the right toassume, at its sole expense, the exclusive defense and control of anymatter subject to indemnification by you, in which event you will fullycooperate with TEENNICK.COM in asserting any available defenses.
MISCELLANEOUS TEENNICK.COM operates and controls this Site from its offices at 1633Broadway, New York, New York 10019, United States of America. This Siteis intended for residents of the United States only. No software fromthis Site may be downloaded, exported or re-exported in violation ofany law including, without limitation, to countries that are subject toU.S. export restrictions. This Agreement contains the entire understanding and supersedes allprior understanding of the parties hereto relating to the subjectmatter hereof, and cannot be changed or terminated orally. If anyprovision of this Agreement is found to be illegal or unenforceable,the Agreement will be deemed curtailed to the extent necessary to makeit legal and enforceable and will remain, as modified, in full forceand effect. This Agreement and all matters or issues collateral theretowill be governed by, construed and enforced in accordance with the Lawsof the State of New York applicable to contracts executed and performedentirely therein (without regard to any principles of conflict oflaws), and jurisdiction for any court action in the State and County ofNew York. COPYRIGHT We take protection of copyrights, both our own and others, veryseriously. We therefore employ multiple measures to prevent copyrightinfringement over this Site and to promptly end any infringement thatmight occur. If you believe that the Site contains elements thatinfringe your copyrights in your work, please follow the procedures setforth in our Copyright Compliance Policy. ADS AND MALWARE We take great care and pride in creating this Site. We are always onthe lookout for technical glitches that effect how the Site works. Whenwe find them on our end, we will fix them. Unfortunately, your homecomputer may cause some glitches that effect how you see our Site --and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site,it may be the result of Malware on your computer. Malware -- short forMALicious softWARE -- is a term used to broadly classify a form ofsoftware which is installed in a computer system with maliciousintentions, usually without the owner's knowledge or permission.Malware includes computer viruses, key loggers, malicious activecontent, rogue programs and dialers, among others. While wecontinuously work closely with our partners to ensure that everythingon the Site is working properly, sometimes Malware programs on yourpersonal computer may interfere with your experience on our Site and onother sites that you visit. We suggest that you take some of the following actions which mayhelp to clean your computer and which could prevent futureinstallations of Malware. ? Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser). ? Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.? Install antivirus software, such as Norton Anti-Virus or McAfee Virus-Shield.? Install Microsoft Defender (for Windows computers).Please note that we cannot be responsible for the effect