nick jr. terms of use

PLEASE READ THESE TERMS OF USE (the Agreement) CAREFULLY BEFORE USING THIS WEB SITE (the "Site").

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The Nickelodeon Kids and Family--Parents and Preschool Network (the "Network") is a network of multiple sites (Nickjr.com) for parents and their young children, featuring a welcoming and supportive community where individual voices can be expressed, nurtured and heard, and individual needs respected without judgment. We aim to provide a safe place for parents to let their younger children learn, explore and grow, as well as a safe place for parents to exchange and discover ideas. We believe that one of the best ways of supporting better parenting is by sharing our individual stories and viewpoints. To help keep our Network safe for users of all ages we have established the following specific Terms of Use ("Terms of Use") for our members. Separately, we have set out Community Guidelines as a general overview of our vision of how the Network community will function. Unlike the Community Guidelines, the Terms of Use is the binding legal agreement that you and each community member (registered or otherwise) makes with us as you participate.

The sites which comprise the Network (Nickjr.com and ParentsConnect) are presented to you by Nickelodeon, a business unit of Viacom Media Networks, a division of Viacom International Inc. ("VMN").

The target audience for ParentsConnect and its participants is parents, parents-to-be and other adult members of families. The target audience for Nickjr.com is parents of preschool age children (except for the Kids section of Nickjr.com, which is meant for preschool age children and their parents to use together). If you are under 18 years old, by using this Network you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the Network is at their discretion. Until you are 18 years old, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability.

These Terms of Use, like the online medium itself, are subject to change. We will notify you of material changes by posting them at our site. We encourage you to check back and review the Terms of Use, from time to time. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically. Your continued use of the Network following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. If you do not agree with all of the following Terms of Use, please do not use this Network.

Certain features and services made available through the Network from time to time may be governed by different Terms of Use. For example, different Terms of Use apply to shop.nickjr.com, which is operated by our independent third party service providers. Also, if you choose to register with the Network using a third party service such as Login with Facebook, the terms of service and privacy policy applicable to that service will be applicable. By accessing and using those areas of the Network, you are agreeing to be legally bound by the terms and conditions applicable to those areas.

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FLUX

Many of the great community features on the Network operate using the Flux Platform. Your use of these Flux-powered features is governed both by our Terms of Use and the Flux Terms of Use, which are incorporated herein by reference. Flux is used on a number of social-networking web sites that we refer to as the "Community Networks." The Community Networks allow Flux-registered users ("Members") to create personalized Member profiles, display content, comment on and share information and make friends all within a Community Network, or across multiple Community Networks that you may choose to join. For more important information about your rights and obligations as a Member of Flux and your Community Network(s), please refer to the Flux Terms of Use.



These Terms of Use do not cover your rights or responsibilities with respect to any third party sites or pages that link to this Network or to which this Network provides links for your convenience.

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Registration

We may require you to have a unique user name and password combination in order to use certain features and functions of the Network, including discussion boards, user-generated pages, messaging services and certain other features or functions. You may not
  1. (1) select or use a screen name of another person with the intention of impersonating that person,
  2. (2) use a screen name of anyone else without authorization,
  3. (3) use a screen name in violation of the intellectual property or other legal rights of any person or
  4. (4) use a screen name that VMN considers, in its sole discretion and for any reason, inappropriate.
Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.

You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Network and for any use of the Network or any other activity or conduct in connection with the Network by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Network. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with the Network, you agree to allow our staff to contact you at your personal email address about your activity on the Network.

You must use your screen name on a regular basis (i.e., log into your Network account) to keep your screen name active. VMN may cancel the registration and screen names of any registered user who we determine, in our sole discretion, has not used such screen name for a period of ninety (90) days. If your screen name is canceled, and you wish to resume your use of the "Friends" features, you will need to re-register and obtain a new screen name. If the screen name that you previously used and which was canceled has not been taken by another registered user of VMN, you may re-register with your canceled screen name. By registering for and using the "ParentsConnect Message Center" feature of the Network, you hereby consent to other users adding you to their "contact list" and contacting or attempting to contact you in connection therewith.

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CONTENT DISCLAIMERS

The videos, articles, product reviews, gift guides, user generated content, postings and other material available on the Network, including all audio, video, text, graphics, images and information and all other material contained on the Network (collectively, the "Content") is presented for educational, entertainment and informational purposes only. The Content is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice. VMN cannot guarantee the accuracy, integrity, or quality of any Content.

You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk. While you may freely discuss any topic on the Network (subject to the Community Guidelines), you should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Network. If you think you may have a medical emergency, call your doctor or 911 immediately.

Neither VMN nor its affiliates shall have any liability arising from your purchases of third-party goods or services based upon reviews, articles, gift guides or other Content.

Although the Network may from time to time periodically monitor the content posted on this Site, it is under no obligation to do so. You acknowledge that the Network does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators and other forum leaders, guides and hosts are not authorized Network spokespersons, and their views do not necessarily reflect those of the Network. The Network cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, messaging services or any other interactive features are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.

Nonetheless, the Network will make reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all users. The Network reserves the right, in its sole discretion, to edit, refuse to post, remove or block access to any material submitted to or posted on the discussion boards, user-generated pages or any other interactive areas of the Site that violates these Terms of Use or that is otherwise objectionable as determined by the Network in its sole discretion, but the Network is not responsible for any failure or delay in removing or blocking access to any such material. Notwithstanding the foregoing, the Network does not generally and is under no obligation to screen messages sent via the messaging services, but we reserve the right to do so at any time in our sole discretion. The Network also reserves the right to revoke the privileges of users who do not comply with these Terms of Use.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, VMN AND ITS THIRD PARTY PARTNERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT.

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Ownership of Intellectual Property

All Network software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Network, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of VMN and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Network or in connection with any particular Material, VMN hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Network, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Network or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from VMN or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of VMN. Use of VMN and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

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USER GENERATED CONTENT, POSTINGS AND CORRESPONDENCE

The Network may contain discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback to the Network, and interact in real-time. To the extent that portions of this Network provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that Postings do not necessarily reflect the views of VMN. In no event shall VMN assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on or transmission via this Network. Responsibility for Postings lies with each user, and you alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before hitting the "post" button (or uploading video or other content) as you cannot in every case edit or delete a Posting. Please do not post in haste and consider your words and tone carefully, and then respond in a respectful and serious manner.

We do not claim ownership of any Postings that you may post or submit. However, by submitting a Posting, you hereby authorize VMN, and grant VMN, our affiliates and other users the non-exclusive right to use, display, reproduce, modify and distribute, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, VMN will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that VMN may determine. You agree that VMN and our affiliates may identify you as the author of any of your Postings by name, email address or screen name as VMN sees appropriate, in its sole discretion. You acknowledge that Postings may be indexed by online search engines such as Yahoo! and Google.

By submitting a Posting, you represent and warrant to VMN that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content including without limitation text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant VMN, our affiliates and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity. By submitting a Posting, you agree to defend, indemnify and hold VMN, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. In order to encourage safe dialogue about sensitive subjects, ParentsConnect members have the option of posting anonymously, meaning their username will not appear on the Posting. Keep in mind, however, that while users may have the option to submit Postings that are anonymous vis-a-vis other users of the Network, ParentsConnect may maintain internal records that track each Posting to the unique user name under which the Posting originated.

You will find a button or link labeled "Report Abuse" on every page of the Network. If you believe that any Postings or other content on the Network violates these Terms of Use, please click the "Report Abuse" button to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. VMN has no obligation to delete content that you find personally objectionable but does not violate the Terms of Use.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

VMN may (but is under no obligation to) pre-screen Postings and sweep its discussion boards and other areas of the Network periodically in its sole discretion. That said, VMN is most often a passive conduit of the information that you and other users submit.

Any comments, materials, or letters sent by you to VMN regarding the Network other than Postings, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Comments") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. VMN will have no obligation of any kind with respect to Comments that you do not restrict and VMN will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Comments that you do not restrict. You expressly acknowledge and agree that VMN may preserve Postings and Comments and may also disclose Postings and Comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings or Comments violate the rights of third parties; or (d) protect the rights, property or personal safety of ParentsConnect, its affiliates, suppliers, users or the public.

If you believe that any content on the Network (including, without limitation, 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 Policy. for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

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Your Responsibilities

You may use this Network only for lawful, non-commercial purposes. You may not submit or transmit through this Network (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:

  1. 1. Violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. 2. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. 3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that VMN deems in its sole discretion to be inappropriate for this Network;
  4. 4. Victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
  5. 5. Contains any personally identifiable information, or other information which might be used to identify or locate a user;
  6. 6. Harms minors in any way;
  7. 7. Impersonates any person, business or entity, including VMN or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
  8. 8. Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Network;
  9. 9. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  10. 10. Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  11. 11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
  12. 12. Otherwise interferes with the use or enjoyment of this Network by others;
  13. 13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  14. 14. Is intended to promote and/or generate revenue for any third party business activity; or
  15. 15. Violates these Terms of Use or any guidelines or policies posted on this Network.

    VMN discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Network. VMN reserves the right to delete any such material from the Network. VMN will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use. You may not use this Network in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
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No Spam

You may not use this Network or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Network to violate the terms of this section. We may terminate your access to or use of the Network immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
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CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES

From time to time, VMN or its suppliers and advertisers may conduct promotions on or through the Network, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
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Disclaimer and Limitation of Liability

THIS NETWORK AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VMN DOES NOT WARRANT THAT THIS NETWORK WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS NETWORK WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VMN IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS NETWORK. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VMN, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE NETWORK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS NETWORK WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VMN OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VMN'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.

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Dealings with Third Party Service Providers

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that VMN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Network.
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Third Party Hyperlinks

VMN does not review or monitor any web sites linked to the Network, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by VMN, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and VMN does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, VMN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither VMN nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, VMN will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.
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Ads and Malware

We take great care and pride in creating this Network. We are always on the lookout for technical glitches that affect how the Network works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Network and that is beyond our control.

If you experience any unusual behavior, content or ads on the Network, it may be the result of Malware on your computer. Malware, short for MALicious softWARE, is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Network is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Network and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

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Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to Contact Us.
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Indemnification

You agree to indemnify, defend and hold harmless VMN, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to the Network from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. VMN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with VMN in asserting any available defenses.
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Termination or Suspension of Access; Modification to Site

VMN reserves the right to terminate, suspend or otherwise restrict your use of and access to this Network, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, VMN reserves the right to modify or discontinue this Network or any portion hereof at any time with or without notice. The Network shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
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Privacy Policy

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.
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Electronic Delivery Policy

You agree that we may provide to you required notices, agreements and other information concerning the Network electronically. We will post the notices on the home page of this Network or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Network.
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MISCELLANEOUS

VMN operates and controls this Network from within the United States of America. This Network is intended exclusively for residents of the United States. We make no representation that content on this Network is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal and/or prohibited. If you choose to access this Network from a location outside the United States, you do so on your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is VMN responsible for ensuring that the Network is in compliance with the local laws of jurisdictions outside the United States. No software from this Network may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Network.

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Use or any other matters related to this Network shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against VMN arising out of or related to use of this Network or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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Copyright

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Network and to promptly end any infringement that might occur. If you believe that the Network contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
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This Terms of Use was last updated on February 12, 2014.