a. License to use Services
b. Access to Services
You understand and agree that Cartoon Interactive may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (some features of the Services are only accessible through creation of an Account), (ii) download and install certain Software which allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Cartoon Interactive does not provide and which may impact your ability to access the Services from time to time for reasons outside of Cartoon Interactive’s control), and (iv) download and install certain third party software (“Third Party Software”) (which Cartoon Interactive does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Cartoon Interactive’s control) and enter into a separate agreement with such third party for access to and use of such Third Party Software.
c. Promotional Material and Advertising
For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Cartoon Interactive permission to (a) extract hardware system profile data from your computer or game platform; (b) extract information from your computer’s or game platform’s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.
5. Proprietary Rights
6. End User Content
a. Communication of End User Content
b. License to End User Content
c. Display of End User Content
7. Rules of Conduct
In connection with your use of the Services, you agree to adhere to the following rules of conduct:
8. Unsolicited Creative Submissions/ Communications
Cartoon Interactive does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Cartoon Interactive or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission). Therefore, please do not send any unsolicited submissions to Cartoon Interactive.
In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials shall not be subject to any obligation of confidence on the part of Cartoon Interactive, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Cartoon Interactive shall not be liable for any use or disclosure of any such material.
9. Copyrights and Copyright Agent
Cartoon Interactive respects the rights of all copyright holders and in this regard, Cartoon Interactive has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cartoon Interactive’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cartoon Interactive to locate the material;
(4) Information reasonably sufficient to permit Cartoon Interactive to contact the complaining party;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
Cartoon Interactive Group, Inc.
Attn: Copyright Agent for BoomerangGO- TEG Legal Dept.
1050 Techwood Drive NW
Atlanta, GA 30318
Phone: (4O4) 885-O62O
Fax: (4O4) 885-O6OO
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Do not contact Cartoon Interactive’s DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about Boomerang or the Sites, go to our online feedback section at www.cartoonnetwork.com/feedback. IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
Use of the Sites and Services is governed by our Privacy Statement which can be located at the home page of www.BoomerangGo.com.
11. Contests and Sweepstakes, and Other Activities
Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
You understand and agree that Cartoon Interactive shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. You hereby understand and acknowledge that there is no guarantee that Cartoon Interactive shall continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services.
Upon expiration or termination of this agreement and your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.
The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Cartoon Interactive, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Cartoon Interactive does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Cartoon Interactive is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. Neither Cartoon Interactive nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Cartoon Interactive assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, Cartoon Interactive 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 Web sites.
Cartoon Interactive welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Cartoon Interactive, its affiliates, or any group or individual affiliated with Cartoon Interactive. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Cartoon Interactive’s prior written consent.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
THE CARTOON INTERACTIVE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE CARTOON INTERACTIVE PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE CARTOON INTERACTIVE PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE CARTOON INTERACTIVE PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE CARTOON INTERACTIVE PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
THE CARTOON INTERACTIVE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANY SPECIFIC SOFTWARE. THE CARTOON INTERACTIVE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE CARTOON INTERACTIVE PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE CARTOON INTERACTIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE CARTOON INTERACTIVE PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
16. U.S. Export Controls
The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. Governing Law
The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
The Services are controlled and operated by Cartoon Interactive from its offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. Cartoon Interactive makes no representation that Materials and End User Content on the Services are appropriate or available for use in any particular location. Cartoon Interactive makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services, Cartoon Interactive or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Cartoon Interactive by email to email@example.com AND by U.S. Mail to 1050 Techwood Drive, N.W., Atlanta, GA 30318. To the extent that Cartoon Interactive has your contact information, it will send any such notice to you by U.S. Mail or to your email address. Cartoon Interactive and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Cartoon Interactive and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Cartoon Interactive or you may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites or Services.
For residents outside the United States, arbitration shall be initiated in New York, New York, and Cartoon Interactive and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Cartoon Interactive and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Cartoon Interactive and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Cartoon Interactive to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
19. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Cartoon Interactive to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
20. Text Message Campaigns
We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the SMS Text Terms , which are incorporated by reference herein, as well as these terms.
22. Third Party Platforms
We may provide Services to you through third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Cartoon Interactive games and apps (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Cartoon Interactive’s control. Cartoon Interactive does not assume any responsibility or liability for your use of such Third Party Platforms.