Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully
before using nickjr.co.uk.
This site at nickjr.co.uk ("the Site") is fully
controlled and operated by Nickelodeon UK (“Nickelodeon
UK” or “We” or “Our”) whose
registered office is 15-18 Rathbone Place, London W1T 1HU
(Company Number 2797365). Nickelodeon UK can be contacted
by phone on 020 7462 1000, or by fax on 020 7462 1030 or by
email to letterbox@nickjr.co.uk
. The VAT registration number for Nickelodeon UK is GB 625
7620 37.
By accessing and using this Site you, the user, (“you”
or “your” or “user”) agree to be bound
by the following “Terms and Conditions of Use”.
If you do not agree with all of the following Terms and Conditions
of Use, please do not use the Site.
We reserve the right, at our sole discretion, to change,
modify or otherwise alter these Terms and Conditions of Use
at any time. Such changes and/or modifications shall become
effective immediately upon being posted on the Site. Please
review the Terms and Conditions of Use from time to time.
Your continued use of the Site following the posting of changes
and/or modifications will constitute your acceptance of the
revised Terms and Conditions of Use. This page was last updated
on the date below.
1. Access to the Site
Nickelodeon UK grants you a personal, revocable, non-exclusive,
non-transferable right to access and use the Site, for non-commercial
use only, in accordance with the Terms and Conditions of Use.
2. Ownership of Intellectual Property Rights
2.1. “Intellectual Property Rights” shall mean
all patents, trade marks, service marks, copyright, database
right, service marks, trade names and design rights and similar
proprietary rights worldwide whether registered or unregistered
and all renewals and extensions.
“Associated Companies” shall mean Viacom International
Inc. and/or British Sky Broadcasting Limited and/or their
subsidiaries, affiliates and assigns including without limitation
any corporation, general or limited partnership, firm, joint
venture, association, joint stock company, limited liability
company, division, or other form of business or legal entity
which is directly or indirectly, through one or more intermediaries,
Controlled by Viacom International Inc. and/or British Sky
Broadcasting Limited.
“Controlled” shall mean the power to direct or
cause the direction of the management and policies of such
corporation, general or limited partnership, firm, joint venture,
association, joint stock company, limited liability company,
division, or other form of business or legal entity, whether
through the ownership of voting equity securities, by contract,
by membership or involvement in the board of directors, management
committee or other management structure or otherwise.
2.2. All rights, title and interest in Intellectual Property
Rights in the Site including without limitation games, ringtones,
data, software, design, text, images, photographs, illustrations,
audio-clips, video-clips, artwork, graphic material or other
elements and the selection and arrangement of all such elements
(the "Material") are the property of Nickelodeon
UK and/or its Associated Companies and/or its licensors and/or
other respective owners and are protected, without limitation,
pursuant to UK and foreign Intellectual Property Rights laws.
2.3. Nickelodeon UK grants you a personal, non-exclusive,
non-assignable and non-transferable licence to use and display,
for non-commercial use only, one copy of select Material that
we may offer to you via the Site from time to time including
without limitation games, video-clips, screensavers and artwork
provided that you maintain all copyright and other Intellectual
Property Rights proprietary notices contained in such Material.
2.4. You agree not to copy, reproduce, modify, create derivative
works from, display, perform, publish, distribute, disseminate,
broadcast, transmit, sell, rent, lease, lend, sub-licence
or circulate any Material and/or part of or all of the Site
to any third party (including, without limitation, the display
and distribution of the Material via a third party website)
without the express prior written consent of Nickelodeon UK.
Use of Nickelodeon UK and/or its licensors' Material is only
permitted with express prior written permission of Nickelodeon
UK. You further agree that you will not disassemble, decompile,
reverse engineer or otherwise modify the Material including
without limitation software.
3. Postings
3.1. Where Nickelodeon UK provides areas of the Site to allow
users to post and exchange information, ideas and opinions
("Postings"), the Postings do not necessarily reflect
the views of Nickelodeon UK. Except for clause 3.4, in no
event shall Nickelodeon UK assume or have any responsibility
or liability for any Postings nor shall Nickelodeon UK represent
or endorse the accuracy or reliability of any advice, opinion,
statement, suggestion or other information on the Postings
nor shall Nickelodeon UK be liable for any loss or damages
resulting from their use and/or appearance on the Site.
3.2. By providing a Posting to the Site, you undertake, represent
and warrant to Nickelodeon UK that you have all necessary
rights in and to that Posting and all information it contains
and that no such Posting will infringe any Intellectual Property
Rights or other right of any third parties.
3.3. By submitting any Posting, you grant Nickelodeon UK
and its Associated Companies, a perpetual, worldwide, royalty-free,
irrevocable, non-exclusive licence to use, and authorise others
to use the Posting in whole or in part, in any and all media,
now known or hereafter developed, alone, or together or as
part of any other type of material of any kind or nature.
3.4. We do pre-screen Postings. Nickelodeon UK will make
every effort to ensure that the Site best serves your interests
and those of all users and, therefore, Nickelodeon UK will
have the right to monitor, remove, suspend, destroy, use and
change any Posting and/or content that is available on or
via any chat area or our Site generally, in any manner that
Nickelodeon UK may determine, in its sole discretion, at any
time.
3.5. You agree that you will not use any Posting and/or any
part or all of our Site to:
3.5.1. collect, store and/or identify private or personal
information of a user;
3.5.2. facilitate personal attacks on other individuals;
3.5.3. upload, post or e-mail any content that is defamatory,
obscene, pornographic, threatening, harassing, unlawful, harmful,
abusive, tortious, profane, hateful, or racially, ethnically
or otherwise objectionable; and/or other information that
Nickelodeon UK deems in its sole discretion inappropriate
for the Site;
3.5.4. harm children in any way including without limitation
any offences in relation to grooming children online under
UK law;
3.5.5. impersonate any person or entity, falsely state or
otherwise misrepresent your affiliation with a person or entity
or disguise the origin of any content;
3.5.6. stalk or otherwise harass another;
3.5.7. upload, post or e-mail any content that you do not
have a right to transmit under any law or under contractual
or fiduciary relationships;
3.5.8. upload, post or e-mail any content that infringes
any Intellectual Property Rights or other third party rights
of any party;
3.5.9. upload, post or e-mail any unsolicited or unauthorised
advertising, promotional materials, ‘junk mail’,
‘spam’, ‘chain letters’ or any other
form of solicitation;
3.5.10. upload, post or e-mail any content that contains
computer viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment
and/or the Site;
3.5.11. disrupt the normal flow of dialogue, cause a screen
to ‘scroll’ faster than other users of the chat
areas are able to type, or otherwise act in a manner that
negatively affects other users’ ability to engage in
real time exchanges; and/or
3.5.12. violate any applicable national or international
laws or regulations.
3.6. You may use the Site for non-commercial purposes only.
You may not submit Postings intended to promote and/or generate
revenue for yourself and/or any third party business activity.
4. Submissions
4.1. You grant Nickelodeon UK and its Associated Companies
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
licence to any information (in addition to Postings) or other
material including without limitation text, images, designs,
audio and/or video clips (“Submissions”) submitted
by you to the Site (whether at the invitation of Nickelodeon
UK or on an unsolicited basis) to use, reproduce, copy, adapt,
transmit, broadcast, publish or delete as Nickelodeon UK and
its Associated Companies, in their discretion see fit.
4.2. You agree, in such circumstances, that you are not entitled
to any compensation from Nickelodeon UK and its Associated
Companies.
4.3. You undertake, represent and warrant to Nickelodeon
UK that any such Submission is original to you, does not infringe
the rights of any third party including without limitation
Intellectual Property Rights and is not defamatory. You further
agree to waive any moral rights and to assign any performance
rights in any such Submission in relation to its use by Nickelodeon
UK and/or its Associated Companies.
5. Competitions and Other Activities
Nickelodeon UK provides terms and conditions for certain
activities on the Site including, without limitation, for
competitions provided by Nickelodeon UK in conjunction with
third parties. These Terms and Conditions of Use are incorporated
by reference into those specific terms and conditions provided
in respect of a particular activity. In the extent of any
conflict, the specific terms and conditions provided for the
activity you have chosen will take precedence.
6. Disclaimer and Limitation of Liability
6.1. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED
AND TRANSMITTED BY NICKELODEON UK ON AN "AS IS"
AND "AS AVAILABLE" BASIS, EXCEPT TO THE EXTENT REQUIRED
BY LAW, NICKELODEON UK INCLUDING ITS ASSOCIATED COMPANIES,
ITS DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS (1) DISCLAIMS
ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES
AND/OR CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED CONDITIONS AND/OR WARRANTIES OF SATISFACTORY
QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY AND/OR ACCURACY; (2) IS NOT RESPONSIBLE OR LIABLE
FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONNECTED
WEBSITE AND DOES NOT WARRANT THAT THE SITE, THE SERVER(S)
THAT MAKE THE SITE AVAILABLE OR ANY CONNECTED WEBSITE IS FREE
FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR
ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;(3) IS NOT
RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES,
ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR
ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL, POSTINGS
OR SUBMISSIONS CONTAINED ON THE SITE; AND (4) DOES NOT WARRANT
THAT THE SITE, OR ANY CONNECTED WEBSITE, ANY MATERIALS, THIRD
PARTY CONTENT, GOODS AND SERVICES OFFERED WILL BE UNINTERRUPTED
OR ERROR FREE.
6.2. EXCEPT FOR NICKELODEON UK’S RESPONSIBILITY TO
PRE-MONITOR POSTINGS, THE ENTIRE RISK AS TO THE QUALITY, ACCURACY,
ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL
AND USE OF AND ACCESS TO THE SITE OR ANY CONNECTED WEBSITE
RESTS WITH YOU.
6.3. EXCEPT IN THE CASE OF (1) WILFUL MISCONDUCT, (2) FRAUD
AND/OR (3) NEGLIGENCE RESULTING IN DEATH OR PERSONAL INJURY,
NICKELODEON UK, ITS ASSOCIATED COMPANIES, AND RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, REPRESENTATIVES,
AND/OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE AND/OR CLAIMS OF ANY KIND ARISING OUT OF OR IN CONNECTION
WITH THE SITE AND/OR POSTINGS AND/OR MATERIALS AND/OR ANY
CONNECTED WEBSITE.
6.4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NICKELODEON
UK, ITS ASSOCIATED COMPANIES, AND RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, REPRESENTATIVES,
AND/OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT,
TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT
OF OR IN CONNECTION WITH THE SITE AND/OR POSTINGS AND/OR MATERIALS
AND/OR ANY CONNECTED WEBSITE INCLUDING, WITHOUT LIMITATION,
(1) INDIRECT OR CONSEQUENTIAL LOSS; (2) LOSS OF PROFITS OR
REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS; (3), INCIDENTAL,
DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES; (4) LOSS OF OR
DAMAGE TO DATA; (5) LOSS OF BUSINESS OR GOODWILL; AND/OR (6)
WASTED OR LOST MANAGEMENT TIME, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NICKELODEON
UK'S LIABILITY TO YOU FOR ANY AND ALL LOSSES OR DAMAGES (WHETHER
IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
7. Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements
generated by third parties on the Site does not constitute
endorsement by Nickelodeon UK and/or its Associated Companies
of the opinions or views expressed by such third parties'
websites. Nickelodeon UK does not verify, endorse or take
responsibility for the accuracy, currency, completeness or
quality of the content contained on these third parties’
sites. Furthermore, Nickelodeon UK is not responsible for
the quality of or delivery of any products or services offered,
accessed, obtained by or advertised at such third parties’
sites. As such, neither Nickelodeon UK nor its Associated
Companies will be responsible for content provided on any
third party website.
8. Indemnity
You agree to fully indemnify, defend and hold harmless Nickelodeon
UK, its Associated Companies, its directors, employees, agents,
licensors, representatives and third party providers from
and against all loss and damages including reasonable legal
fees, resulting from any breach of these Terms and Conditions
of Use by you. Nickelodeon UK reserves the right to assume,
at its sole expense, the exclusive defence and control of
any matter subject to full indemnity by you, in which event
you agree to fully co-operate with Nickelodeon UK in defending
any action or potential action.
9. Miscellaneous
9.1. These Terms and Conditions of Use contain the entire
understanding between you and Nickelodeon UK and supersede
all prior understanding of the user and Nickelodeon UK in
respect of the user's use of the Site.
9.2. If any provision of these Terms and Conditions of Use
is found to be illegal, invalid or unenforceable, then to
the extent to which such provision is illegal, invalid or
otherwise unenforceable, it shall be severed and deleted and
the remaining provisions shall survive and remain in full
force and effect and continue to be binding and enforceable.
9.3. These Terms and Conditions of Use shall be governed
by and construed in accordance with the laws of England and
Wales and any disputes arising shall be subject to the exclusive
jurisdiction of the English courts.
Nickelodeon is a trademark of the Viacom family of companies.
These Terms and Conditions of Use were last updated on 12
March 2003.
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