Lucky Kat World’s “D.A.R.E. Pix” (& Flix)
Terms & Conditions of Use
ACCEPTANCE OF TERMS
Lucky Kat World may update these Term and Conditions (TC) from time to time without notice to you. You may review the most current version of the TC at any time at Lucky Kat World D.A.R.E. Terms and Conditions
By accessing and using D.A.R.E. Pix or D.A.R.E. Pix & Flix (DPF), you accept and agree to be bound by the terms and provision of Lucky Kat World’s TC. (LKTV) In addition, when participating with activities on LK, you and LK and shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TC.
DESCRIPTION OF SERVICES
You understand and agree that DPF is provided "AS-IS" and that LK assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to DPF and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access LK’s website.
You understand that the technical processing and transmission of LK’s services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by LK’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, if LK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LK has the right to suspend or terminate your account and refuse any and all current or future use of LK. (or any portion thereof). LK is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to LK must active our requested registration link.
As a parent or guardian, it is your responsibility to determine whether LK’s content or services are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will be emailed an activation link upon completing the DARE HQ’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LK cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not LK, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via LK . LK does not generally create the Content posted via DPF as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LK be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 D.A.R.E. Headquarters on LK.
You agree to not use LK or DARE HQ to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a LK & D.A.R.E. AMERICA (DARE) representative or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through DPF. You further agree not to upload, post, email, transmit or otherwise make available any Content 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); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, or promotional materials; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of LK are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the LK servers or networks connected to LK or disobey any requirements, procedures, policies or regulations of networks connected to LK’s website including using any device, software or routine to bypass our robot exclusion headers; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this TC.
You acknowledge that LK may or may not pre-screen Content, but that LK and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via DPF. Without limiting the foregoing, LK and its designees shall have the right to remove any Content that violates the TC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LK or submitted to LK including without limitation information in LK Message Boards and in all other parts of the LK website.
You acknowledge, consent and agree that LK may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TC; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of LK, its users and the public.
You understand that LK and the software embodied within LK may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LK or content providers who provide content to LK. You may not attempt to override or circumvent any of the usage rules embedded into LK. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the LK website, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of LK and transfer, posting and uploading of software, technology, and other technical data via LK may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via LK to parties identified on such lists; (b) agree not to use LK for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via LK, any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON IN DARE PIX & FLIX
LK does not claim ownership of Content you submit or make available for inclusion In DPF. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of LK, you grant LK the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of DPF the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in DPF solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on LK and will terminate at the time you remove or LK removes such Content from DPF.
With respect to photos you submit or make available for inclusion on publicly accessible areas of the LK website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on LK solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content in DPF and will terminate at the time you remove or LK removes such Content from DPF.
You agree to indemnify and hold LK and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through DPF, your use of LK, your connection to LK, your violation of this TC, or your violation of any rights of another.
NO COMMERCIAL REUSE OF DARE PIX
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, DPF or LK (including Content, advertisements, Software and your username and password.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that LK may establish general practices and limits concerning use of DPF, including without limitation the maximum number of days that uploaded Content will be retained by the LK, the maximum size of PIX that may be uploaded and the maximum number of times (and the maximum duration for which) you may access the DPF in a given period of time. You agree that LK has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by LK. You acknowledge that LK reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that LK reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO DARE PIX & FLIX
LK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DPF (or any part thereof) with or without notice. You agree that LK shall not be liable to you or to any third party for any modification, suspension or discontinuance of DPF (or any part thereof).
You may terminate your LK account, any associated email address and access to DPF by submitting such termination request to LK.
You agree that LK may, without prior notice, immediately terminate, limit your access to or suspend your DPF account, any associated email address, and access to DPF. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the DPF (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in LK’s sole discretion and that LK shall not be liable to you or any third party for any termination of your account, any associated email address, or access to DPF.
Termination of your DPF account includes any or all of the following: (a) removal of access to all or part of the offerings within the DPF (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of DPF.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through LK, 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 advertiser. You agree that LK 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 advertisers on LK.
LK may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that LK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LKTV’s PROPRIETARY RIGHTS
You acknowledge and agree that LK and any necessary software used in connection with DPF and LK ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through DPF or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by LK or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on LK or DPF, such Content or the Software, in whole or in part.
LK grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to LK. You agree not to access DPF by any means other than through the interface that is provided by LK and DARE for use in accessing DPF.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF DPF AND SOFTWARE ARE AT YOUR SOLE RISK. DPF AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE DPF OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DPF OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DPF OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DPF OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LK OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LK OR THROUGH OR FROM THE DPF OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TC.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TC, there shall be no third-party beneficiaries to this agreement.
LK may provide you with notices, including those regarding changes to the TC, including by but not limited to email, regular mail, SMS, MMS, text message, postings on LK, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TC by accessing LK in an unauthorized manner. Your agreement to this TC constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed LK in an authorized manner.
You agree that all of LK’s trademarks, trade names, service marks and other LK logos and brand features, and product and service names are trademarks and the property of LK. Without LK’s prior permission, you agree not to display or use in any manner LK.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
LK respects the intellectual property of others, and we ask our users to do the same. LK may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LK’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LKTV’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
121 W. Lexington Drive, Suite #240 Glendale, CA
By phone: (818) 505-1162
By email: email@example.com
Entire Agreement. The TC constitutes the entire agreement between you and LK and governs your use of the DPF superseding any prior version of this TC between you and LK with respect to DPF. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LK affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and LK each agree that the TC and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TC, or the relationship between you and LK shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and LK agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of LK to exercise or enforce any right or provision of the TC shall not constitute a waiver of such right or provision. If any provision of the TC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TC remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your LK account is non-transferable and any rights to your LK ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of LK or it’s TC, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TC are for convenience only and have no legal or contractual effect.
Please report any violations of the TC to LK or DARE.
Last updated February 24, 2010
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