Term and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
Last updated on July 21, 2009
Index
GENERAL
This Site at WWEkids.com is controlled and operated by World Wrestling Entertainment Company, Inc. ("WWE"). By accessing and using this Site, you are agreeing to be legally bound by the following terms and conditions (“Terms”). If you do not agree with all of these Terms, please do not use this Site.
These Terms apply only to this Site. WWE has other websites that are governed by their own terms and conditions and policies.We reserve the right, at our sole discretion, to change these terms and conditions at any time. Changes shall become effective immediately upon being posted. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes will constitute your acceptance of the revised terms and conditions.
WWEKIDS.COM
This Site is aimed at children aged 6 and older, and also their parents. These Terms apply to you whether you are a “Visitor” (which means that you are simply visiting this Site) or a “User” (which means that you have registered with WWE to participate in activities on this Site). The term “User” also includes a child’s parent or parents. This Site does not currently offer accounts to Users.
MONITORING OF WEB SITE
WWE reserves the right to monitor any and all uses of this Site. However, WWE is under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
In the future WWEKids.com may offer the ability to enter online contests and sweepstakes, to send electronic postcards featuring WWE characters or original artwork to family or friends, as well as to enjoy a variety of other functions. In that connection WWE may provide Codes of Conduct and/or Rules of Participation for those additional activities. The specific Codes and Rules of Participation that appear in connection with information about a particular activity will be added to these Terms and/or incorporated by reference.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of WWE 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. WWE hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may 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 in such Material. You agree not to reproduce, modify, create derivative works 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 a third party website) without the express prior written consent of WWE. Use of WWE and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
SUBMISSIONS AND USER CONTENT
In the future, this Site may contain content that is posted by Users,and Users and Visitors may have the ability to submit information to us at any time even if we do not solicit it.
Any material that is sent to us in any manner by Users or Visitors is referred to as “Submissions” and those Submissions that become posted by Users are referred to as “User Content.” Submissions may include but is not limited to, any information, opinions, creative ideas, concepts, know-how, techniques, suggestions, ideas, photographs, images, video, creative works, artwork or other materials.
By submitting any Submission you are automatically granting WWE an ownership right and a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise utilize such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, "Rights").
This grant of Rights means that all Submissions will be owned by WWE and may be used by WWE for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of WWE. WWE also has the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future WWE products or programs. In submitting a Submission to us, you represent that you have no reasonable basis to believe that the use of any such Submission by us would infringe upon the rights of any third-party.
We reserve the right, in our sole discretion, to refuse to delete, edit or refuse to post any Submission that violates this agreement or which might be offensive, illegal, or inappropriate, which might violate the rights of, harm, or threaten the safety of other users of the Site, seeks to exploit or harm children by exposing them to inappropriate content, or ask for personally identifiable details or otherwise.
DISCLAIMERS
THIS SITE AND ALL THE MATERIALS ON THIS SITE ARE PROVIDED, DISTRUBUTED AND TRANSMITTED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE ACTIVITIES OF ANY USER OF THIS SITE. WE ASSUME NO OLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WWE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF WWE AND OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WWE, IF ANY, FOR ACCESSING THIS WEB SITE.
THIRD PARTY HYPERLINKS
This Site may show hyperlinks to websites that are maintained by third parties. This does not mean that WWE, its subsidiaries and affiliates endorse the opinions or views expressed by these third party websites. WWE does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. WWE and its affiliates are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites; for any errors or omissions on those sites; or for the results obtained from the use of information contained in these sites. These third party sites may be governed by different terms of use and privacy policies. You assume sole responsibility for your use of any third-party links and sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, WWE, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. WWE 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 WWE in asserting any available defenses.
MISCELLANEOUS
WWE operates and controls this Site from its offices 1241 E Main Street, Stamford, CT 06902, United States of America. This Site is intended for residents of the United States only. These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut, as they are applied to agreements entered into and to be performed entirely within Connecticut. Any legal action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Fairfield County, Connecticut and you consent to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of WWE to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.