Terms
and Conditions of Use
This is the legal part. It's just so everybody knows the
rules when visiting using this site. If you are not sure
about anything that you read, ask your parents or submit
your questions in our feedback
form.
All the toys and games here are just for you to play with.
You can't sell them, give them to anyone, or pretend you
made them. You can't do anything EXCEPT play with them,
unless you ask us first and we say it's OK. Kind of like
playing with your big sister's toys, right?
If you see something you don't like, remember that all
the stuff on the message boards and blogs comes straight
from other kids, not from someone at Nicksplat.com. Nicksplat.com
wouldn't tell kids what to say, because kids have minds
of their own! But if someone sends ugly messages, we'll
do our best to take care of it. We all want Nicksplat.com
to be a good, clean place to hang out.
If you write something that catches our eye on a message
board or in your blog page, we might want to use it on
the site. By sending in your thoughts and hanging out
in MY WORLD, and getting your parent’s permission
to do so, you and your parents are telling us it's ok
to repeat what you say. It means we can use it in any
way we want, anywhere, until the end of time. And wouldn't
it be cool if we used something YOU said until the end
of time?
Remember to ALWAYS check with your parents before you
send anything.
This site at Nicksplat.com ("the Site") is fully
controlled and operated by Nickelodeon Asia Holdings Pte
Ltd whose registered office is The Atrium @ Orchard 60A
Orchard Road, #04-01 Tower 1, Singapore 238890.
By accessing and using this Site you, the user, (“you”
or “your” or “user”) agree to
be bound by the following “Terms and Conditions
of Use”. If you do not agree with all of the following
Terms and Conditions of Use, please do not use the Site.
We reserve the right, at our sole discretion, to change,
modify or otherwise alter these Terms and Conditions of
Use at any time. Such changes and/or modifications shall
become effective immediately upon being posted on the
Site. Please review the Terms and Conditions of Use from
time to time. Your continued use of the Site following
the posting of changes and/or modifications will constitute
your acceptance of the revised Terms and Conditions of
Use. This page was last updated on the date below.
1. Access to the Site
Nickelodeon Asia Pacific grants you a personal, revocable,
non-exclusive, non-transferable right to access and use
the Site, for non-commercial use only, in accordance with
the Terms and Conditions of Use.
2. Ownership of Intellectual
Property Rights
2.1. “Intellectual Property Rights” shall
mean all patents, trade marks, service marks, copyright,
database right, service marks, trade names and design
rights and similar proprietary rights worldwide whether
registered or unregistered and all renewals and extensions.
“Associated Companies” shall mean Viacom International
Inc. and/or British Sky Broadcasting Limited and/or their
subsidiaries, affiliates and assigns including without
limitation any corporation, general or limited partnership,
firm, joint venture, association, joint stock company,
limited liability company, division, or other form of
business or legal entity which is directly or indirectly,
through one or more intermediaries, Controlled by Viacom
International Inc. and/or British Sky Broadcasting Limited.
“Controlled” shall mean the power to direct
or cause the direction of the management and policies
of such corporation, general or limited partnership, firm,
joint venture, association, joint stock company, limited
liability company, division, or other form of business
or legal entity, whether through the ownership of voting
equity securities, by contract, by membership or involvement
in the board of directors, management committee or other
management structure or otherwise.
2.2. All rights, title and interest in Intellectual Property
Rights in the Site including without limitation games,
ringtones, data, software, design, text, images, photographs,
illustrations, audio-clips, video-clips, artwork, graphic
material or other elements and the selection and arrangement
of all such elements (the "Material") are the
property of Nickelodeon Asia Pacific and/or its Associated
Companies, and/or its licensors and/or other respective
owners and are protected, without limitation, pursuant
to Asia and foreign Intellectual Property Rights laws.
2.3. Nickelodeon Asia Pacific grants you a personal, non-exclusive,
non-assignable and non-transferable licence to use and
display, for non-commercial use only, one copy of select
Material that we may offer to you via the Site from time
to time including without limitation games, video-clips,
screensavers and artwork provided that you maintain all
copyright and other Intellectual Property Rights proprietary
notices contained in such Material.
2.4. You agree not to copy, reproduce, modify, create
derivative works from, display, perform, publish, distribute,
disseminate, broadcast, transmit, sell, rent, lease, lend,
sub-licence or circulate any Material and/or part of or
all of the Site to any third party (including, without
limitation, the display and distribution of the Material
via a third party website) without the express prior written
consent of Nickelodeon Asia Pacific. Use of Nickelodeon
Asia Pacific and/or its licensors' Material is only permitted
with express prior written permission of Nickelodeon Asia
Pacific. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Material
including without limitation software.
3. Postings
3.1. Where Nickelodeon Asia Pacific provides areas of
the Site to allow users to post and exchange information,
ideas and opinions ("Postings"), the Postings
do not necessarily reflect the views of Nickelodeon Asia
Pacific. In no event shall Nickelodeon Asia Pacific assume
or have any responsibility or liability for any Postings
nor shall Nickelodeon Asia Pacific represent or endorse
the accuracy or reliability of any advice, opinion, statement,
suggestion or other information on the Postings nor shall
Nickelodeon Asia Pacific be liable for any loss or damages
resulting from their use and/or appearance on the Site.
3.2. By providing a Posting to the Site, you undertake,
represent and warrant to Nickelodeon Asia Pacific that
you have all necessary rights in and to that Posting and
all information it contains and that no such Posting will
infringe any Intellectual Property Rights or other right
of any third parties.
3.3. By submitting any Posting, you grant Nickelodeon
Asia Pacific and its Associated Companies, a perpetual,
worldwide, royalty-free, irrevocable, non-exclusive licence
to use, and authorise others to use the Posting in whole
or in part, in any and all media, now known or hereafter
developed, alone, or together or as part of any other
type of material of any kind or nature.
3.4. Nickelodeon Asia Pacific will make every effort to
ensure that the Site best serves your interests and those
of all users and, therefore, Nickelodeon Asia Pacific
will have the right to monitor, remove, suspend, destroy,
use and change any Posting and/or content that is available
on or via any chat area or our Site generally, in any
manner that Nickelodeon Asia Pacific may determine, in
its sole discretion, at any time. Although Nickelodeon
Asia Pacific periodically monitors the content posted
on this Site, Nickelodeon Asia Pacific is not be responsible
for the views or opinions expressed by third parties.
3.5. You agree that you will not use any Posting and/or
any part or all of our Site to:
3.5.1. collect, store and/or identify private or personal
information of a user;
3.5.2. facilitate personal attacks on other individuals;
3.5.3. upload, post or e-mail any content that is defamatory,
obscene, pornographic, threatening, harassing, unlawful,
harmful, abusive, tortious, profane, hateful, or racially,
ethnically or otherwise objectionable; and/or other information
that Nickelodeon Asia Pacific deems in its sole discretion
inappropriate for the Site;
3.5.4. harm children in any way including without limitation
any offences in relation to grooming children online under
law;
3.5.5. impersonate any person or entity, falsely state
or otherwise misrepresent your affiliation with a person
or entity or disguise the origin of any content;
3.5.6. stalk or otherwise harass another;
3.5.7. upload, post or e-mail any content that you do
not have a right to transmit under any law or under contractual
or fiduciary relationships;
3.5.8. upload, post or e-mail any content that infringes
any Intellectual Property Rights or other third party
rights of any party;
3.5.9. upload, post or e-mail any unsolicited or unauthorised
advertising, promotional materials, ‘junk mail’,
‘spam’, ‘chain letters’ or any
other form of solicitation;
3.5.10. upload, post or e-mail any content that contains
computer viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications
equipment and/or the Site;
3.5.11. disrupt the normal flow of dialogue, cause a screen
to ‘scroll’ faster than other users of the
chat areas are able to type, or otherwise act in a manner
that negatively affects other users’ ability to
engage in real time exchanges; and/or
3.5.12. violate any applicable national or international
laws or regulations.
3.6. You may use the Site for non-commercial purposes
only. You may not submit Postings intended to promote
and/or generate revenue for yourself and/or any third
party business activity.
4. Submissions
4.1. You grant Nickelodeon Asia Pacific and its Associated
Companies a perpetual, worldwide, royalty-free, irrevocable,
non-exclusive licence to any information (in addition
to Postings) or other material including without limitation
text, images, designs, audio and/or video clips (“Submissions”)
submitted by you to the Site (whether at the invitation
of Nickelodeon Asia Pacific or on an unsolicited basis)
to use, reproduce, copy, adapt, transmit, broadcast, publish
or delete as Nickelodeon Asia Pacific and its Associated
Companies, in their discretion see fit.
4.2. You agree, in such circumstances, that you are not
entitled to any compensation from Nickelodeon Asia Pacific
and its Associated Companies.
4.3. You undertake, represent and warrant to Nickelodeon
Asia Pacific that any such Submission is original to you,
does not infringe the rights of any third party including
without limitation Intellectual Property Rights and is
not defamatory. You further agree to waive any moral rights
and to assign any performance rights in any such Submission
in relation to its use by Nickelodeon Asia Pacific and/or
its Associated Companies.
5. Competitions and Other Activities
Nickelodeon Asia Pacific provides terms and conditions
for certain activities on the Site including, without
limitation, for competitions conducted by Nickelodeon
Asia Pacific in conjunction with third parties. These
Terms and Conditions of Use are incorporated by reference
into those specific terms and conditions provided in respect
of a particular activity. In the extent of any conflict,
the specific terms and conditions provided for the activity
you have chosen will take precedence.
6.
Disclaimer and Limitation of Liability
6.1. THE SITE
AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED BY NICKELODEON ASIA PACIFIC ON AN "AS
IS" AND "AS AVAILABLE" BASIS. EXCEPT
TO THE EXTENT REQUIRED BY LAW, NICKELODEON ASIA PACIFIC
INCLUDING ITS ASSOCIATED COMPANIES, ITS DIRECTORS, EMPLOYEES,
AGENTS OR SUB-CONTRACTORS (1) DISCLAIMS ANY AND ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR
CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED CONDITIONS AND/OR WARRANTIES OF SATISFACTORY
QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY AND/OR ACCURACY; (2) IS NOT RESPONSIBLE OR
LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SITE OR ANY CONNECTED WEBSITE AND DOES NOT WARRANT THAT
THE SITE, THE SERVER(S) THAT MAKE THE SITE AVAILABLE
OR ANY CONNECTED WEBSITE IS FREE FROM VIRUSES, TROJAN
HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES
OR OTHER HARMFUL COMPONENTS;(3) IS NOT RESPONSIBLE OR
LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS,
OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR
ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL,
POSTINGS OR SUBMISSIONS CONTAINED ON THE SITE; AND (4)
DOES NOT WARRANT THAT THE SITE, OR ANY CONNECTED WEBSITE,
ANY MATERIALS, THIRD PARTY CONTENT, GOODS AND SERVICES
OFFERED WILL BE UNINTERRUPTED OR ERROR FREE.
6.2.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL
AND USE OF AND ACCESS TO THE SITE OR ANY CONNECTED WEBSITE
RESTS WITH YOU.
6.3.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NICKELODEON
ASIA PACIFIC, ITS ASSOCIATED COMPANIES, AND ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS,
REPRESENTATIVES, AND/OR THIRD PARTY PROVIDERS WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE AND/OR CLAIMS OF ANY
KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY
DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH
THE SITE AND/OR POSTINGS AND/OR MATERIALS AND/OR ANY
CONNECTED WEBSITE INCLUDING, WITHOUT LIMITATION, (1)
INDIRECT OR CONSEQUENTIAL LOSS; (2) LOSS OF PROFITS
OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS; (3), INCIDENTAL,
DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES; (4) LOSS
OF OR DAMAGE TO DATA; (5) LOSS OF BUSINESS OR GOODWILL;
AND/OR (6) WASTED OR LOST MANAGEMENT TIME, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH
LOSS OR DAMAGE WAS FORESEEABLE. NOTWITHSTANDING THE
FOREGOING, IN NO EVENT SHALL NICKELODEON ASIA PACIFIC'S
LIABILITY TO YOU FOR ANY AND ALL LOSSES OR DAMAGES (WHETHER
IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THE SITE.
7. Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements
generated by third parties on the Site does not constitute
endorsement by Nickelodeon Asia Pacific and/or its Associated
Companies of the opinions or views expressed by such
third parties' websites. Nickelodeon Asia Pacific does
not verify, endorse or take responsibility for the accuracy,
currency, completeness or quality of the content contained
on these third parties’ sites. Furthermore, Nickelodeon
Asia Pacific is not responsible for the quality of or
delivery of any products or services offered, accessed,
obtained by or advertised at such third parties’
sites. As such, neither Nickelodeon Asia Pacific nor
its Associated Companies will be responsible for content
provided on any third party website, and further Nickelodeon
Asia Pacific will under no circumstances be liable for
any direct, indirect, incidental or special loss or
other damage, whether arising from negligence, breach
of contract, defamation, infringement of copyright or
other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content
contained within these third party hyperlinked websites.
8. Indemnity
You agree to fully indemnify, defend and hold harmless
Nickelodeon Asia Pacific, its Associated Companies,
its directors, employees, agents, licensors, representatives
and third party providers from and against all loss
and damages including reasonable legal fees, resulting
from any breach of these Terms and Conditions of Use
by you. Nickelodeon Asia Pacific reserves the right
to assume, at its sole expense, the exclusive defence
and control of any matter subject to full indemnity
by you, in which event you agree to fully co-operate
with Nickelodeon Asia Pacific in defending any action
or potential action.
9. Miscellaneous
9.1. These Terms and Conditions of Use contain the entire
understanding between you and Nickelodeon Asia Pacific
and supersede all prior understanding of the user and
Nickelodeon Asia Pacific in respect of the user's use
of the Site.
9.2. If any provision of these Terms and Conditions
of Use is found to be illegal, invalid or unenforceable,
then to the extent to which such provision is illegal,
invalid or otherwise unenforceable, it shall be severed
and deleted and the remaining provisions shall survive
and remain in full force and effect and continue to
be binding and enforceable.
9.3. These Terms and Conditions of Use shall be governed
by and construed in accordance with the laws of Singapore
and any disputes arising shall be subject to the exclusive
jurisdiction of the Singapore courts.
“Nickelodeon
TM” is a trademark of the Viacom family
of companies.
These
Terms and Conditions of Use were last updated on 29th
July 2004
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