Membership and Credits
You may purchase a membership ("Membership") for your own User Account or another person's User Account on this Site. You must be eighteen (18) years or older to purchase a Membership. By purchasing a Membership on this Site, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing Membership as described herein. Membership can be purchased for various terms of months and provides certain benefits as stated on the membership information page. A purchased Membership shall renew automatically at the conclusion of the then current Membership period for the same duration at the then current price for the applicable Membership period. A Membership renewal shall be charged to the credit card or payment method, as applicable, used at the first time of purchase. A purchaser may always cancel or decline to renew a membership as explained in the Membership information page. Please note that if a Membership is cancelled before the expiration of the then current term, no refund will be made to the purchaser for the then current Membership period, but the Membership will not renew upon the expiration of the then current Membership period. Memberships are non-transferable and non-refundable.
For certain purchases on this Site, FEN may be required to collect sales, use or similar taxes. In states or regions that impose such tax, a purchase is subject to tax unless specifically exempt. Where applicable, such taxes will be billed as a separate item and paid by you. FEN will collect tax as required by law unless you have a valid sales tax exemption certificate on file with FEN.
Membership may also be purchased with Poptropica pre-paid cards. Your use of Poptropica pre-paid cards is governed by the terms and conditions applicable to such pre-paid cards.
Credits may be used on the Site by Users as a limited license only to access virtual features on the Site or to acquire virtual items for a User's avatar and for any other purpose that FEN may determine in its sole discretion. Avatars and virtual items remain the property of FEN. FEN has the absolute right to manage, control, regulate or eliminate Credits, in general or in specific cases, in FEN's sole discretion. FEN may, from time to time and in its sole discretion, distribute Credits at no charge to Users for any reason. Credits are not transferable or redeemable for any amount of money or monetary value from FEN or any other party.
Right to Use this Site
Disclaimers and Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY FEN OR ITS LICENSORS AND FEN AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER FEN, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES WITH WHICH IT IS LINKED. THE SITE LINKS TO OR REFERENCES SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE FEN HAS NO CONTROL OVER SUCH SITES AND INFORMATION, FEN MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND FEN ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCES 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 SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. FEN MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FEN AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL FEN, OR ANY PERSON OR ANY ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.
User shall use the Site for lawful purposes only. User shall not post or transmit through the Site 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 FEN has expressly approved such material in advance of its transmission. Any conduct by you that in FEN's discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
Ownership of Intellectual Property
Uploading of Intellectual Property
User shall not upload, post or otherwise make available on the Site 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. By submitting material to any public area of the Site, User automatically grants, or warrants that the owner of such material has expressly granted FEN 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 FEN the right to edit, copy, publish and distribute any material made available on the Site by User.
Unless otherwise indicated, trademarks that appear on this site are trademarks of FEN or its affiliates. All other trademarks not owned by FEN or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Family Education Network or its affiliates.
Certain content portions of the Site 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 FEN. Neither FEN 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. FEN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any FEN Site by anyone other than employee spokespersons of FEN while acting in their official capacities.
FEN always welcomes suggestions and comments regarding the Site. Any comments or suggestions submitted to FEN, either online or offline, will become FEN's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by FEN might seem to others to be similar to their own submissions or comments.
This Agreement, and any operating rules for the Site established by FEN, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. You and FEN agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York.
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 this site 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 this site, 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 site 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 FEN 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 Family Education Network to locate the material;
- Information reasonably sufficient to permit Family Education Network 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.
If you have questions or concerns about your account, please contact Customer Support at: http://www.poptropica.com/contact/contact-Poptropica.html.