Peppers and Pollywogs Inc.

Terms of Use Agreement (Modified on January 26, 2007)

Introduction

Peppers and Pollywogs Inc. provides a service that allows children's entertainers to create profiles of their services online in order to be found by parents and others searching for live children's entertainment services. By using the pepperspollywogs.com Website (the "Website"), and in exchange for gaining access to it, you agree to be bound by these Terms of Use (this "Agreement") without limitation or qualification, so please carefully review this Agreement before proceeding. If you wish to register as an entertainer or user ("Member"), or communicate with other Members and make use of the services of pepperspollywogs.com (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Peppers and Pollywogs Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by Peppers and Pollywogs Inc. on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Peppers and Pollywogs Inc.'s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Peppers and Pollywogs Inc.'s Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@pepperspollywogs.com

Please choose carefully the information you post on the Website and that you provide to other Members. Your Peppers and Pollywogs Inc. profile (your “Profile”) may not include the following items: any photographs posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Information provided by other Peppers and Pollywogs Inc. Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Peppers and Pollywogs Inc. assumes no responsibility or liability for this material.

  1. Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Website or the Services (as hereinafter defined) will not violate any applicable law or regulation. Your Profile may be deleted without warning if it is found that you are misrepresenting your age or any other information. Your membership is solely for your personal use, and you shall not authorize others to use your account, including your Profile or email address. You are solely responsible for your Profile and all Content (as hereinafter defined) published or displayed through your account, including any email messages, and for your interactions with other members.

  2. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Account page, which also contains all other information not described herein about membership, including fees. Peppers and Pollywogs Inc. may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or such other email address as you may subsequently provide to Peppers and Pollywogs Inc. By using the Service or by becoming a Member, you acknowledge that Peppers and Pollywogs Inc. reserves the right to charge for the Service and the membership and the right to terminate such Service or Membership.

Fees for membership and the Services are set forth on the attached Exhibit A, which Peppers and Pollywogs Inc. reserves the right to revise at any time without notice, effective upon posting to the Website. If Peppers and Pollywogs Inc. terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of membership fees. If you decide to terminate your membership and you have not breached the Agreement, cancellations of memberships paid on a monthly basis will not be pro-rated and fees will not be refunded. Cancellations of annual memberships will be prorated and refunded. Cancellation requests will take effect at the beginning of the next monthly billing cycle. Following termination of this Agreement, the following sections will remain in effect: 7 through 14.

  1. Use. The Website is for the use of Members only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by the management of Peppers and Pollywogs Inc. Illegal and/or unauthorized use of the Website, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is strictly prohibited and will be investigated.

Advertisements, affiliate links, and other forms of solicitation not pertinent to children's entertainment services may be removed from Profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Peppers and Pollywogs Inc. for any illegal or unauthorized use of the Website.

Peppers and Pollywogs Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Intellectual Property Notification. Other than Profiles and information posted by Members, all information, data, images, web pages or other materials (collectively, “Materials”) appearing on the Website are th exclusive property of Peppers and Pollywogs Inc.:

a) All Materials are copyrighted by Peppers and Pollywogs Inc. All rights reserved. Except as noted above, please assume that everything you see or read on the Website is copyrighted to, or used with permission by, Peppers and Pollywogs Inc.

b) The trademarks, logos, service marks and trade dress (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Peppers and Pollywogs Inc.

c) Images of people, objects, or places displayed on the Website are used with permission.

d) Peppers and Pollywogs Inc. owns or uses by permission all software contained on the Website.

e) You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit or otherwise use the content of the Site for public or commercial purposes. Nothing on the Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

f) By submitting any information using the Web Ask-me feature or by using "Share an idea" at the Peppers and Pollywogs website, you grant Peppers and Pollywogs Inc., a perpetual, nonexclusive, non-transferable, worldwide, fully paid-up, royalty-free license under any applicable copyrights to distribute, download, license, modify, create derivative works, publish, re-post, reproduce, reuse, sell, transmit or otherwise use the content for public or commercial purposes.

  1. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Peppers and Pollywogs Inc. to terminate membership privileges of any Member who infringes copyright upon prompt notification to Peppers and Pollywogs Inc. by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 owner or authorized to act on the copyright owner's behalf. Peppers and Pollywogs Inc.'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Peppers and Pollywogs Inc. copyright-agent@pepperspollywogs.com

    Procedures and policies for trademark and copyright violation claims:

    • For trademark infringement claims, Peppers and Pollywogs Inc, at its discretion shall remove content that the trademark owner claims is infringing their trademark, and at Peppers and Pollywogs' discretion, provide a copy of the notice to the member posting content that is alleged to have infringed on trademark rights or copyrights.
    • If the complaining party provides time to correct, Peppers and Pollywogs Inc, at its discretion, provide this time to the member to correct content that infringes or trademark or service mark rights of complaining party.
    • If you are a member that has received a trademark infringement Cease and Desist notification or a DMCA notification, you may provide a copy of a counter-notice to info (at) pepperspollywogs (dot) com to reinstate your suspended account, or inform us that you have removed content that complaining party claims as infringing trademark or copyright. Peppers and Pollywogs Inc. reserves the right to reinstate your account on receipt of your trademark or copyright infringement counter-notice.

    1. Content Posted on the Site. a. You understand and agree that Peppers and Pollywogs Inc. may review and delete any content, messages, text, files, images, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of Peppers and Pollywogs Inc. violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. c. By posting any Content to the public areas of the Website, you hereby grant to Peppers and Pollywogs Inc. the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website.

    2. Your Representations and Warranties. By using the Website, you represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with all of the terms and conditions of this Agreement. You further represent and warrant that:

    a) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section,

    b) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person,

    c) the posting of your Content on the Website does not result in a breach of any contract between you and a third party, and that you agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website

    d) you will not misuse the Website. “Misuse” includes, but is not limited to, using the Website to do any of the following:

    Posting Content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii). provides material that has sexual or violent content; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (viii) solicits passwords or personal identifying information for unlawful purposes from other users, or directly solicits personal information from anyone under 18; (xi) uses any other unfair, misleading or deceptive content intended to draw traffic to the profile; downloading or uploading files that may damage the operation of another’s computer, such as computer viruses, corrupt files, or similar software; (x) misrepresents the origin or source of any file you download or upload; (xi) monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device; (xii) use any automated use of the system, such as scripts; or (xiii) engage in any other conduct that is, or Peppers and Pollywogs Inc. deems to be, in conflict with this Agreement.

    e) you will use the Service in a manner consistent with any and all applicable laws and regulations.

    f) you will not use any information obtained from the Services or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Peppers and Pollywogs Inc. reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Peppers and Pollywogs Inc. deems appropriate in its sole discretion.

    g) You may not attempt to impersonate another user or person who is not a member of Peppers and Pollywogs Inc. i. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. j. You may not sell or otherwise transfer your Profile.

    1. No Warranty by Peppers and Pollywogs Inc. The Content may contain inaccuracies or typographical errors. Peppers and Pollywogs Inc. makes no representations or warranties as to the Profiles’ or Content’s completeness or accuracy, and makes no commitment to update the Content or monitor the Profiles.

    YOU USE THE WEBSITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABIITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL PEPPERS AND POLLYWOGS INC. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISIGN OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, REGARDLESS OF WHETHER PEPPERS AND POLLYWOGS INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

    Peppers and Pollywogs Inc. also neither warrants nor represents that your use of information and material on the Website will not infringe upon the intellectual property rights of third parties. Peppers and Pollywogs Inc. shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Website or due to your downloading any audio, data, images, materials, pictures, text or video from the Website. Peppers and Pollywogs Inc. cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

    Peppers and Pollywogs Inc. is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Peppers and Pollywogs Inc. assumes 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, any user or Member communication. Peppers and Pollywogs Inc. is 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 any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.

    1. Member Disputes. You are solely responsible for your interactions with other Members. Peppers and Pollywogs Inc., Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

    2. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. To review our privacy policy, please click on the “Privacy Policy” link at the bottom of any page or at http://www.pepperspollywogs.com/home/privacy.aspx.

    3. Limitation on Liability. IN NO EVENT SHALL PEPPERS AND POLLYWOGS INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF PEPPERS AND POLLYWOGS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEPPERS AND POLLYWOGS INC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO PEPPERS AND POLLYWOGS INC. FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

    4. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website 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, 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.

    5. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Washington without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Washington.

    6. Release and Indemnity. By participating in any offline Peppers and Pollywogs Inc. event, you agree to release and indemnify Peppers and Pollywogs Inc. its subsidiaries, affiliates, officers, agents, and other partners and employees, against any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, including reasonable attorneys' fees, either directly or indirectly related to or arising from your participation in any such offline Peppers and Pollywogs Inc. event. Furthermore, you agree to release and indemnify Peppers and Pollywogs Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, against all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, including reasonable attorneys' fees, made by any third party due to or arising either directly or indirectly out of your use of the Service or your breach of this Agreement, including any of your representations and warranties.

    7. Other . This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Peppers and Pollywogs Inc. regarding the use of the Website and/or the Service. The failure of Peppers and Pollywogs Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


      Exhibit A

      Services are provided free of charge by Peppers and Pollywogs, Inc. at the www.pepperspollywogs.com website unless otherwise specified.

      Request-a-Rhyme terms of use

      Rhymes are delivered to you in Request-a-rhyme under the Creative Commons license (version 2.5). You may view the full license here.

      Card Central Terms of Use

      Upon payment, card files are delivered to you in Card Central with a fully paid up and royalty-free, perpetual, non-transferable, non-assignable and non-exclusive license for non-commercial use of the file.

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