Terms of Use

Poptropica Terms of Use - Updated 05/14

Family Education Network ("FEN"), a division of Pearson Education, Inc., operates a website called Poptropica ("Poptropica" or "Site"). Poptropica is a virtual world that entertains and informs millions of kids all around the world by engaging them in narrative quests and online games. Please carefully read this Terms of Use, which includes the Privacy Statement. If you ("You" or "User") are under eighteen (18) years of age or the age of majority in your jurisdiction, then please read these Terms of Use and the Privacy Policy with your parent or legal guardian. By using or accessing this Site, you represent that you (or your parent or legal guardian on your behalf if you are a minor) have read, understood and agree to the Terms of Use in their entirety, including the Privacy Policy. If you, or in the case that you are a minor, your parent(s) or legal guardian(s) do not agree with any part of the Terms of Use, including the Privacy Policy, then please do not use or access the Site.

  1. Changes in Terms of Use

    FEN has the right to change or modify the Terms of Use, including the Privacy Policy, applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Site, or by electronic or conventional mail, or by any other means by which you may obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications or additions.

  2. User Accounts

    You do not have to create a user account to use the Site. However, accessing certain features of this Site requires you to create a user account comprised of choosing a user name and password ("User Account"). No registration or personal information is required to create a User Account. Your User Account is for your personal use only. FEN strongly recommends that you do not use personal information in a user name. You should keep your User Account information confidential. FEN is unable to restore or reset User Accounts. You agree not to use another User's user name and password to access the Site. FEN reserves the right to suspend or terminate a User Account at any time in the event that a User does not comply with any provision of this Terms of Use. FEN further reserves the right to suspend or terminate a User Account that has been inactive for a period of six (6) months or more.

  3. 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.

    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.

  4. Right to Use this Site

    FEN grants you a personal, limited, non-exclusive, revocable license to access and use this Site for your personal entertainment and education subject to this Terms of Use. FEN reserves the right to suspend or terminate operation of this Site at any time for any reason without liability to you. FEN has the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without liability to you.

    In addition to other proprietary rights specified in this Terms of Use, Users may not: a) frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Site (collectively, "Elements"); b) gather, obtain, use, access or otherwise copy the Site or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; c) use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site or such services; d) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site; or e) engage in any activity that interferes with another User's access, use or enjoyment of this Site.

  5. Disclaimers and Limitation of Liability

    USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S OWN RISK. USER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF USER'S PASSWORD(S). 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.

    THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

    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 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.

    IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FEN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  6. Indemnification

    User agrees to defend, indemnify and hold harmless FEN, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of User's use of the Site.

  7. Lawful Use

    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.

  8. Ownership of Intellectual Property

    The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by FEN and portions of which are owned by other parties and licensed to FEN. The entire contents of the Site are copyrighted as a collective work/compilation. FEN owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FEN (or the copyright owner(s) if other than or in addition to FEN). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

  9. 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.

  10. Trademarks

    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.

  11. Site Content

    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.

  12. Submissions

    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.

  13. Entire Agreement

    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.

  14. Controlling Law

    This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of New York.

  15. Headings

    The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

  16. 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"):

    Designated Agent
    Pearson Education, Inc.
    200 Old Tappan Road
    Old Tappan, NJ 07675
    Facsimile: 201-785-2721

    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.

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