Purchases Made Via the Poptropica Sites; Other Terms and Conditions
Right to Use the Poptropica Sites
You agree that when registering for and using the Poptropica Sites You will provide accurate and complete information and You will not misrepresent Your identity at any time when interacting with the Poptropica Sites or other Users.
Disclaimer of Warranties, Limitation of Liability and Indemnification
Disclaimer of Warranties. SAM will provide the Poptropica Sites with reasonable care and skill. SAM does not make any other promises or warranties about the Poptropica Sites and in particular does not warrant that:
- Your use of the Poptropica Sites will be uninterrupted or error-free. You agree that from time to time SAM may remove or limit access to the Poptropica Sites for indefinite periods of time, or discontinue the Poptropica Sites at any time for technical or operational reasons and will, to the extent practicable, notify You of this;
- the Poptropica Sites will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
USER EXPRESSLY AGREES THAT USE OF THE POPTROPICA SITES IS AT USER'S OWN RISK. THE POPTROPICA SITES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY SAM OR ITS LICENSORS AND SAM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM OF COMPUTER VIRUS WITH RESPECT TO THE POPTROPICA SITES, THE CONTENTS THEREOF, OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
TO THE EXTENT PERMITTED BY LAW, NEITHER SAM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE POPTROPICA SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE THEREOF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE POPTROPICA SITES.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE POPTROPICA SITES OR ANY SITES WITH WHICH THEY ARE LINKED AND DECIDE IF YOU WISH TO USE THE SITE. THE POPTROPICA SITES MAY LINK TO OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE SAM HAS NO CONTROL OVER SUCH SITES AND INFORMATION, SAM MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND SAM ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE POPTROPICA SITES MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. SAM MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
Limitation of Liability. To the extent permitted by law, Story Arc Media, Inc., Sandbox Networks, Inc., and their parents, subsidiaries, affiliates, officers, directors, employees and agents (the "SAM Parties") shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Poptropica Sites, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the Poptropica Sites or your provision of User information or other information to the Poptropica Sites, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the SAM Parties' negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys' fees or other remedies afforded by statute or other law.
Arbitration: THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER
To the fullest extent permitted by law, by using the Poptropica Sites You agree that if a dispute arises between You and the SAM Parties relating in any way to the Poptropica Sites or your use thereof, including common law or statutory claims, BOTH YOU AND THE SAM PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE SAM PARTIES MUST BE ARBITRATED IN NEW YORK COUNTY, NEW YORK. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE SAM PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and You or the SAM Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH ABOVE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
User shall use the Poptropica Sites for lawful purposes only. User shall not post or transmit through the Poptropica Sites any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless SAM has expressly approved such material in advance of its transmission. Any conduct by You that in SAM's discretion restricts or inhibits any other User from using or enjoying the Poptropica Sites is expressly prohibited.
Ownership of Intellectual Property
Uploading of Intellectual Property
User agrees that User shall not upload, post or otherwise make available on the Poptropica Sites any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission made by User or through User's Account. By submitting material to any public area of the Poptropica Sites, User automatically grants, or warrants that the owner of such material has expressly granted SAM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants SAM the right to edit, copy, publish and distribute any material made available on the Poptropica Sites by User or through User's Account.
Unless otherwise indicated, trademarks that appear on the Poptropica Sites are trademarks of SAM or its affiliates. All other trademarks not owned by SAM or its affiliates that appear on the Poptropica Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SAM or its affiliates.
Poptropica Site Content
Certain content portions of the Poptropica Sites are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of SAM. Neither SAM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. SAM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any SAM Poptropica Sites by anyone other than employee spokespersons of SAM while acting in their official capacities.
SAM always welcomes suggestions and comments regarding the Poptropica Sites. Any comments or suggestions submitted to SAM, either online or offline, will become SAM's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by SAM might seem to others to be similar to their own submissions or comments.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
Digital Millennium Copyright Act Compliance
If You have copyright concerns about any materials posted on the Poptropica Sites by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If You have any complaints or objections to material posted on the Poptropica Sites, please contact our Designated Agent ("Notice"):
Family Education Network
50 Congress Street, Suite 1025
Boston, MA 02109
Or, You can click here to email us about any copyright concerns about any materials posted on this Poptropica Sites by others.
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Poptropica Site are covered by a single notification, a representative list of such works at that site;
- 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 SAM to locate the material;
- Information reasonably sufficient to permit SAM to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.