Knut Terms of Use
Welcome to Turtle Pond Publications ("Turtle Pond").
Your use of this Website is expressly conditioned on your acceptance of and agreement to
this Terms of Use Agreement (the "Agreement"). This Agreement sets
forth the terms and conditions which apply to your use of this Website and by
your use you agree to abide by this Agreement. In addition, when using specific
services or features, you agree to abide by any guidelines or rules posted in
connection with such services or features, all of which are hereby incorporated
by reference into this Agreement. If you do not agree with any posted guidelines
or rules, or with any part of this Agreement, YOU MUST NOT USE THIS
WEBSITE.
Turtle Pond reserves the right to modify this Agreement at any time. Your continued use of
this Website following the posting of any changes to this Agreement means that
you accept and agree to abide by such changes. Turtle Pond expressly reserves
the right to deny or restrict you and your child's access to the Website should
either of you fail to follow the terms set forth herein.
The Website is designed for all ages; however, users who are under 18 may use
the areas of the this Website not directed only to parents or legal guardians
only if a parent or legal guardian consents to such user's use of
this Website, assumes the obligations provided in this Agreement, and assumes full
responsibility for such user's use of this Website. If you are the parent or
legal guardian of a user of this Website who is under 18 years old, you consent
to such user's use of this Website, assume the obligations provided in this
Agreement, and assume full responsibility for such user's use of this Website.
Turtle Pond reserves the right to limit, in its sole discretion, the provision and quantity
of any feature, product or service to any person or geographic area. Any offer
for any feature, product or service made on the Web Site is void where
prohibited. If you choose to access the Web Site from outside the United
States, you do so on your own initiative and you are solely responsible for
complying with applicable local laws.
Intellectual Property Rights.
This Website is protected by copyrights, trademarks
and/or other proprietary rights, and except as specifically provided in this
Agreement, your use of the Website and its services shall be governed and
constrained by applicable copyright, trademark
and other intellectual property laws, in addition to this Agreement. You
specifically agree that Turtle Pond or its third-party licensors' own all
intellectual property rights in and to the content offered on the Web Site
(regardless of whether those rights
are registered). All rights are herein expressly reserved.
License to Use Web Site.
Turtle Pond hereby grants to
you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable,
and revocable license to use the services and/or the materials available on the
Web Site for personal, noncommercial use only, subject to the restrictions in
this Agreement.
Registration. Some features and areas of the Website require that you register and provide
Turtle Pond with certain information about yourself. During the registration
process, you will be asked to choose a user name and password. The user name
that you choose must not contain any information that could be used to contact
you other than through the Website. Your are solely responsible for maintaining
the confidentiality of your password. If for any reason your password is
stolen, please notify us immediately at:
Email: info@turtlepondpublications.com
By your registration on the Website, you represent, warrant, and covenant that: (1) you
have the power and authority to enter into this Agreement; and (2) that you are
at least eighteen (18) years of age. Your registration to use the Website is
governed by the Website's Privacy Policy located at www.winterstail.com/privacy_policy.shtml,
which is hereby incorporated by reference. The Privacy Policy discusses and
governs our collection and use of any information that is submitted to, or
collected by, us.
Content.
You understand that all
postings, messages, information, data, text, files, images, photos, images,
pictures, graphics, audio and video clips or other materials posted on,
transmitted through, or linked on this Web Site (collectively, the
"Content"), are the
sole responsibility of the person from whom such Content originated. While
Turtle Pond takes reasonable measures to ensure that the content offered on the
Website is appropriate for all ages, you understand that Turtle Pond does not
control, and is not
responsible for Content made available through the Website. You agree that you
must evaluate, and bear all risks associated with the use of any Content on
behalf of yourself or any user that you have authorized to use the Website.
UserSubmitted Content.
Turtle Pond does not
claim ownership to the Content you provide to the Web Site (including feedback
and suggestions) or post, upload, input or submit to the Web Site, except that
Turtle Pond retains all intellectual property rights to the underlying materials
made available for your use for such services as the karaoke feature and video
maker. However, by posting, uploading, inputting, providing or submitting your
Content, you are granting Turtle Pond and its licensors a perpetual,
irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple
tiers) right to use your Content, including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Content; publish your name in
connection with your Content; and sublicense such any such rights. No
compensation will be paid with respect to the use of your Content as provided
herein. Turtle Pond is under no obligation to post or use any Content you may
provide, and Turtle Pond may remove any Content at any time in its sole
discretion. By submitting Content you warrant and represent that you own or
otherwise control all of the rights to your Content as described in this
Agreement including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Content.
Turtle Pond is not responsible for any user's Content that may appear on the Web Site; nor is
Turtle Pond responsible for or involved in reviewing, editing, or removing any
Content on this Site. Turtle Pond also does not have any control over and does
not guarantee the quality, applicability or accuracy of any Content. Turtle
Pond does not assume any liability associated with a user's use of the Web
Site, or anything contained hereon, including, without limitation, intellectual
property infringement relating to or concerning any Content. Please make sure
that the Content you provide conforms to all applicable intellectual property
right laws.
Additionally, you are expressly forbidden from posting uploading, inputting, providing or
submitting Content containing any personally identifiable information about
yourself or any user authorized by you to use the Website, including without
limitation a full name, address, telephone number, email address or other
information that can be used to identify or contact you.
By submitting contributions to the Web Site, including ideas, suggestions, and/or proposals
of any kind, you acknowledge and agree that: (a) your contributions do not
contain any confidential or proprietary information belonging to another; (b)
Turtle Pond is not under any obligation of confidentiality, express or implied,
with respect to the contributions; (c) Turtle Pond shall be entitled to use or
disclose (or choose not to use or disclose) such contributions for any purpose,
in any way, in any media worldwide; (d) Turtle Pond may have something similar
to the contributions already under consideration or in development; (e) your
contributions automatically become the property of Turtle Pond without any
obligation of Turtle Pond to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from Turtle Pond under any
circumstances.
General Rules of Conduct. We ask that each User respect one another and Turtle Pond by
following these general rules of conduct. You shall not:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, tortious, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise deemed by us to be objectionable;
b. upload, post, email, transmit or otherwise make available any Content that can be used
to personally identify you including without limitation full name, address,
telephone number, email address or other information that can be used to
identifiable or contact you;
c. harm minor in any way or act in any way predatory toward minors;
d. impersonate any person or entity, including, but not limited to, Turtle Pond, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
e. manipulate identifiers in order to disguise the origin of any Content transmitted through
to the Web Site;
f. upload, email, post, or otherwise make available any Content that you do not have a
right to make available, including without limitation, any Content that
infringes any patent, trademark, copy right, trade secret or other proprietary
rights of another party;
g. upload, email, post, or otherwise make available any unsolicited or unauthorized
advertising, promotional advertising, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation;
h. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects
other users' ability to enjoy the services of the Web Site;
i. interfere with or disrupt the Web Site, its services, or servers;
j. intentionally or unintentionally violate any applicable local, state, national
or international law.
k. stalk or otherwise harass another, and/or;
l. collect or store personal data about other users in connection with the prohibited conduct
and activities set forth herein.
Turtle Pond may evoke your right to use or access the Website if you violate any of the aforementioned
rules.
Monitoring the Site. You agree that Turtle Pond may or may not screen Content, but that Turtle
Pond and its designees shall have the right (but not the obligation) in their
sole discretion to screen, refuse or remove any Content that is available via
the Web Site. Without limiting the foregoing, Turtle Pond and its designees
shall have the right to remove any Content that violates these terms of use 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.
You agree that Turtle Pond has no responsibility or liability for: (a) the deletion of
Content, (b) failure to store or to deliver any messages and other
communications, (c) the modification or malformation of data communications
over the Web Site, or (d) other Content maintained or transmitted by the Web
Site.
You agree that Turtle Pond may, under certain circumstances and without prior notice,
immediately terminate your account, any associated email address, and access to
the Web Site's services. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of this Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Web Site or its services (or any
part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Web Site's services. Termination of your account includes (a) removal of
access to all offerings within the Web Site and its services, (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
the Web Site and its services. Further, you agree that terminations for shall
be made in Turtle Pond's sole discretion and that, except as explicitly
provided herein, Turtle Pond shall not be liable to you or any third party for
any termination of your account, any associated email address, or access to the
Web Site or its services. Upon any termination of this Agreement, you shall
immediately discontinue use of the Web Site and its services
Additionally, if the Web Site visitor is under the age of 18, Turtle Pond will terminate the
Web Site visitor's account and access to the Web Site's services upon request
from his or her parent or guardian. Please read the Web Site's Privacy Policy www.winterstail.com/privacy_policy.shtml
for more information regarding the rights of a parent or guardian to review and
delete collected information.
Links. The Web Site may provide, or third parties may provide, links to other web sites.
Turtle Pond has no control over such sites, therefore, you acknowledge and
agree that Turtle Pond is not responsible for the availability of such external
sites or resources, and doe not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available from such
sites. You further acknowledge and agree that Turtle Pond 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.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE WEB SITE AND ITS SERVICES IS AT YOUR SOLE
RISK. THE WEB SITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE,
FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND TURTLE POND (INCLUDING, WITHOUT LIMITATION,
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS,
INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF TURTLE
POND (COLLECTIVELY, "TURTLE POND THIRD PARTIES")) ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE
ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE
EXTENT PERMISSIBLE BY APPLICABLE LAW, TURTLE POND AND TURTLE POND THIRD PARTIES
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE,
MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER TURTLE
POND NOR ANY TURTLE POND THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE
SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE
SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR
DO TURTLE POND OR ANY TURTLE POND THIRD PARTIES MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE
ADDITIONAL RIGHTS.. IN NO EVENT SHALL TURTLE POND OR ANY RELATED THIRD
PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM
LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR
RELATING TO THE USE, OR INABILITY TO USE, THE WEB SITE, ITS SERVICES, ANY
WEBSITES LINKED TO THIS WEB SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION
CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS,
STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY
PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED
$100.00 OR THE TOTAL FEES YOU PAID TO US IN DURING THE 3 MONTH PERIOD PRECEDING
THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND
EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE
SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE
AND NOT PER INCIDENT.
INDEMNITY.
YOU AGREE TO INDEMNIFY AND HOLD TURTLE POND 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
OR OTHERWISE MAKE AVAILABLE THROUGH THE WEB SITE OR ITS SERVICES, YOU USE OF
THE WEB SITE OR ITS SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR
VIOLATION OF ANY RIGHTS OF ANOTHER.
General Information.
Entire Agreement. The Terms of Use constitutes the entire agreement between you and
Turtle Pond and governs your use of the Web Site and its services, superseding
any prior agreements between you and Turtle Pond with respect to the Web Site
and its services. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The Terms of use and the relationship between you and Turtle Pond
shall be governed by the laws of the State of New York without regard to its
conflict of law provisions. You and Turtle Pond agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of New York.
Waiver and Severability of Terms. The failure of Turtle Pond to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such
right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full
force and effect.
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 the Web Site,
its services or the Terms of Use must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Headings. The section titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
Notice and Procedure for Making Claims of Copyright or
Intellectual Property Infringement.
Turtle Pond respects the intellectual property of others, and we ask
our Users to do the same. Turtle Pond 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 Turtle Pond with 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; and
- 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.
The above information should sent to: info@turtlepondpublications.com
Violations. Please report any violations of the Terms of Use to info@turtlepondpublications.com