CONDITIONS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Sockeye Media LLC. Except as expressly provided herein, no material from mothergooseclub.com or any Web site owned, operated, licensed or controlled by Sockeye Media LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Permission is granted for reproduction of these Web site materials by schools and libraries for educational use only. Except as expressly provided herein, modification of the materials or use of the materials for any other purpose is a violation of Sockeye Media LLC’s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.
Sockeye Media LLC is not responsible for any material the user adds to pages it prints out from the Mother Goose Club site or any other Web site produced and/or operated by Sockeye Media LLC.
Mother Goose Club characters and related indicia are trademarks and other intellectual proptery owned by Sockeye Media LLC. All third party trademarks are the property of their respective owners. Used with permission.
Mothergooseclub.com, Mother Goose Club, and Sockeye Media LLC are sometimes hereinafter collectively referred to as “us” or “we,” or, in the possessive, “our.”
USER-GENERATED CONTENT
This site or any other Web site produced and/or operated by us may allow you to upload, submit, post, or otherwise make available text, photographs, images, drawings, audio, video, comments, messages, or other material (“User-Generated Content”). User-Generated Content will be treated as non-confidential and non-proprietary and may be viewed by the public. We shall not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. We reserve the right to restrict access to all or some User-Generated Content (for example, for age restriction purposes). If you submit User-Generated Content to us in physical form, we may retain such physical copy(ies) as our property with no obligation to return same to you.
You hereby warrant, represent, covenant, and agree that User-Generated Content uploaded, submitted, posted, or otherwise made available by you: (a) is original to and owned by you and no other party has any rights thereto, and you have all necessary rights, licenses, permissions, and consents, without the need for payment to any third party, to use and exploit, and to authorize us to use and exploit, the User-Generated Content; (b) is not unlawful, obscene, pornographic, vulgar, threatening, harassing, bigoted, hateful, fraudulent, misleading, or otherwise harmful or offensive to any person or entity, or which can reasonably be construed as such; (c) does not advertise any products or services or otherwise send commercial messages or solicitations for which you have been or may be getting paid; (d) does not constitute spam, junk mail, or any similar material; (e) does not defame, libel, slander, or disparage others, or violate the privacy or right of publicity of others, or otherwise infringe upon or violate the rights of any third party, inclusive of contract rights and intellectual property rights (e.g., without limitation, copyrights and trademarks); (f) does not include personally identifiable information about any child under the age of thirteen (13); and (g) does not contain any virus, spider, worm, or other similar element that could do harm to or burden this site or our or any third party’s computer system.
We do not endorse any User-Generated Content or the opinions or information expressed in it, and we are not responsible or liable for any User-Generated Content. You hereby agree that you have evaluated any and all risks associated with the User-Generated Content and that you are solely responsible and liable for the User-Generated Content and the consequences of uploading, submitting, posting, or otherwise making it available. You shall indemnify and hold us and our parents, subsidiaries, successors-in-interest, assigns, designees, licensees, and affiliates, and each of our and their respective employees, officers, representatives, and agents, harmless from any demands, losses, liabilities, claims, costs, or expenses (including attorneys’ fees), arising out of or in connection with your breach of any of your warranties, representations, covenants, or agreements made herein or made against us by any third party arising out of or in connection with our use and exploitation of the User-Generated Content.
You hereby waive any moral rights or similar rights in or to the User-Generated Content and agree not to enforce the foregoing rights against us or our licensees, designees, assigns, distributors, representatives, agents, and other authorized users, and you shall procure the same agreement not to enforce the foregoing rights from others who may possess such rights.
We reserve the right (but are not obligated), in our sole discretion, to pre-screen, monitor, review, edit and otherwise manipulate or modify all User-Generated Content, and to refuse to post or to delete any User-Generated Content for any reason whatsoever (including infringing upon another’s intellectual property) without notice or liability. Furthermore, we may suspend your access to and use of this site, terminate your user account, take legal action against you for abusing this site and/or not adhering to its guidelines (including infringing upon another’s intellectual property), and/or disclose any User-Generated Content to satisfy any law or government regulation or request. You agree that you shall not be entitled for any reason to enjoin or otherwise impair our property, programming, or productions (including, without limitation, this site) or our exploitation of the User-Generated Content.
You hereby grant to us, our parents, subsidiaries, successors-in-interest, assigns, designees, licensees, and affiliates a non-exclusive, unrestricted, perpetual, irrevocable, sublicensable, assignable, fully transferable, fully paid-up, and royalty-free worldwide license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit the User-Generated Content (including, without limitation, all intellectual property and proprietary rights therein), in whole or in part, in any and all media now known or hereafter devised (including in connection with this site and on third-party sites such as, without limitation, Facebook, YouTube and Twitter), for any purpose we choose, in our sole discretion, commercial or otherwise, without further notice or compensation to you, or further permission or approval from you, and with or without attribution. You acknowledge and agree that the User-Generated Content may be utilized by this site’s users and other users in ways over which we have no control; you hereby expressly release us from any claims with respect to any use of User-Generated Content by any third parties. Notwithstanding our rights with respect thereto, we shall have no obligation to actually use or exploit the User-Generated Content.
To the extent that we authorize you to upload, post, submit, or otherwise make available User-Generated Content that requires the use of our copyrighted material, we grant you a non-exclusive, personal, noncommercial, non-assignable, non-transferable and revocable license to use our copyrighted material solely for the purpose of creating the User-Generated Content provided that such license shall be conditioned upon your assignment to us of all rights in the User-Generated Content and you hereby do so. If you do not assign such rights to us, your license to create a derivative work(s) using our copyrighted material shall be null and void. Except as expressly set forth herein, you shall have no right to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate our copyrighted material to any third party (including, without limitation, the display and distribution of same via a third party website) without our prior written consent. Any unauthorized use of our copyrighted material may subject you to liability under applicable laws.
Links From The Sites to Third Party Sites
As a convenience for users, our Sites may contain links to Internet sites maintained by third parties (“third party sites”). You acknowledge and agree that we do not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a third party site. When you link to a third party site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of third party Sites, and any reliance on the contents of a third party site is at your own risk.
Links To The Sites From Third Party Sites
You agree that if you include a link from any other web site to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites. You are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time.
