Family Education Network ("FEN"), a division of Sandbox Networks, Inc., operates a website called Poptropica
("Poptropica" or "Site"). Poptropica is a virtual world that entertains and informs millions of kids all around
includes the Privacy Statement. If you ("You" or "User") are under eighteen (18) years of age or the age of
legal guardian. By using or accessing this Site, you represent that you (or your parent or legal guardian on
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.
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 are responsible for keeping 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
suspend or terminate a User Account that has been inactive for a period of six (6) months or more.
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
FEN grants you a personal, limited, non-exclusive, revocable license to access and use this Site for your
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 certain areas of the Site FEN provides tools that allow you to create your own spaces using elements
from the Poptropica virtual world, such as trees, rocks and other fun stuff. Subject to the limited
without limitation, Sections 7, 8, and 11, You may save your spaces to your devices and You may share
screenshots and images of your spaces with third parties so long as those uses are not commercial. The
Poptropica virtual world elements and any resulting spaces that you create using these elements are the
property of FEN. You acknowledge and agree that in addition to other actions, FEN may feature your
spaces on the Site, share your spaces with third parties and otherwise use your spaces for any purpose
without compensation to you.
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.
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
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
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, your breach of any representation,
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
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.
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
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
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
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.