NICKELODEON END USER LICENCE AGREEMENT (EULA) AND TERMS
OF USE
AUSTRALIA AND NEW ZEALAND (ANZ)
Now for the legal part! So everybody knows the rules for Nickelodeon online be sure to get your parents to review and discuss these rules with you!
1. All the toys, videos and games here are just for you to play with. You can't sell them, give them to anyone, or pretend you made them!
2. If you see something you don't like, remember all the comments come straight from other kids, not from someone at nick.com.au. But if someone posts ugly comments, we'll do our best to take care of it.
3. If you write something in a comment that catches our eye, we might want to use it. By posting your thoughts
and getting your parent's permission to do so, you and your parents are telling us it's ok to repeat what you say, and use it in any way we want until the end of time. And wouldn't it be cool if we used something YOU said until the end of time?
4. Remember to ALWAYS check with your parents before you send anything to us!
Of course, our mates in the legal department have their own special way of saying all that. Here's their version (also known as The Small Print):
This is the official Terms of Use Agreement ("Agreement") for the website, application or other interactive service that
includes an authorized link to this Agreement and all other websites, applications (apps) and other interactive services you also use that are offered by the Nickelodeon Group brand that is providing this website, application
or other interactive service
(collectively, all such websites, applications and other interactive services, "Site," "we," "us" or
"our").
This Site is fully controlled and operated by Nickelodeon Australia Management Pty Ltd (ACN 071 493 340) with principal place of business
being Ground Floor, 4-16 Yurong Street, Darlinghurst
NSW 2010 Australia (Nickelodeon), a division of Viacom International, Inc. ("VII") (Viacom International Inc.,
along with its parent company ViacomCBS Inc. and all affiliates that ViacomCBS Inc. directly
or indirectly owns or controls (including all affiliates of VII shall be referred to collectively as "VII").
By using this site, you
are
agreeing to be legally bound by this EULA and terms of use of Nickelodeon. We reserve the right, at our sole discretion,
to change, modify or otherwise alter these terms of use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the site following the posting
of changes and/or modifications will
constitute your acceptance of the revised terms of use. If you do not agree with all of
the following terms of
use, please do not use this Site.
You must be 18 years of age to use our online services. If you are under 18
years of age you must have the permission of your parent or guardian to use the
application. Until you are 18 years old, by using our online services, you
certify your parents or legal guardian has consented to your use and agreed to
this EULA and terms of use on your behalf, and you acknowledge and agree that
your use of our online services is at their discretion.
This agreement contains
an arbitration clause and a class action waiver. Arbitration is the referral of
a dispute to one or more impartial persons for a final and binding
determination. By using the software,
you are accepting the terms of the agreement, and you are agreeing that any
claims you may have against us will be resolved in arbitration OR OTHERWISE AGREED IN GOOD FAITH
NEGOTIATION PRIOR. Class action waiver means you are giving up your right to
bring claims in court, to have those claims heard by a judge or jury, and to
file claims on behalf of anyone but yourself and your family, unless you
directly opt-out as described under these terms and conditions or as otherwise
set out within. Please ensure a parent or legal guardian reads this agreement
carefully to understand your rights and responsibilities.
Unless otherwise stated, all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, "look and feel, trademarks, service marks and trade names (individually and collectively, the "Material") are the property of Nickelodeon, VII and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to Australian and foreign (including without limitation U.S.) copyright and trademark laws. Except as otherwise specifically noted, Nickelodeon grants you a personal, non- exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files incorporated in or generated by the software provided you maintain (without alteration) all copyright and other notices contained in such Material and software. Such licence is granted subject to any other usage rules or restrictions set out by device manufacturers, providers and/or platform operators. You further agree you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Nickelodeon or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material 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. You further agree that you will not modify the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. We require users to respect our copyrights and other intellectual property rights and any unauthorized use may be subject to civil and criminal penalties under legislation.
When portions of this Site provide users an opportunity to post and exchange ideas and opinions ("Postings"),
please be advised Postings do not necessarily reflect the views of Nickelodeon. In no event shall Nickelodeon have any
liability for any Postings or claims, damages or losses from their use and/or appearance on this Site. You represent and warrant you have all necessary rights in and to all Postings you provide and such Postings will not infringe any
proprietary or other rights of third parties or contain any unlawful information. You authorize Nickelodeon to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or devised in future, alone, or together or as part of other material of any
kind or nature. Without limiting the foregoing, Nickelodeon will have the right to use and change the Postings in any manner that Nickelodeon may determine.
Additionally, Nickelodeon may sweep its comments periodically in its sole discretion. Nickelodeon
does not allow Postings which contain:
· private or personal information which might identify a user (you or anyone else);
· profanity or obscenities, personal attacks on other individuals;, slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
· other information that Nickelodeon deems in its sole discretion to be inappropriate for this Site.
Comments may be used by users for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Nickelodeon periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Nickelodeon will make every effort to ensure that the comments best serve the interests of all users and, therefore, Nickelodeon reserves the right to refuse to post, edit, or delete comments that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement or you wish to complain about any particular content on the Site, please email us at nickelodeon.feedback@nick.com.au. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site any material, or otherwise engage in any conduct, that:
1. Violates or infringes the rights of others, including without limitation intellectual property rights;
2. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available;
3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that Nickelodeon deems in its sole discretion to be inappropriate for this Site;
4. Victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. Contains any personally identifiable information, or other information which might be used to identify or locate a user;
6. Harms minors in any way;
7. Impersonates any person, business or entity, including Nickelodeon or its employees and agents or in any way falsely states or misrepresents your affiliation with a person or entity;
8. Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings
transmitted through this Site;
9. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit
the unauthorized use of a computer or computer network;
10. Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
12. Otherwise interferes with the use or enjoyment of this Site by others;
13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
14. Is intended to promote and/or generate revenue for any third party business activity; or
15. Violates these Terms of Use or any guidelines or policies posted on this Site.
Nickelodeon discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will not be posted on the Site and Nickelodeon reserves the right to delete any such material from the Site. You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
From time to time, Nickelodeon or its suppliers and advertisers may conduct promotions or competitions on or through the Site including without limitation, auctions, contests, sweepstakes, competitions (both games of chance and skill) and electronic postcards ("Promotions"). Each such Promotion will have additional terms and conditions which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
IN APP PURCHASES
The Software may permit you
to make purchases from within the Software, via the provider (e.g. the Apple
App Store or Google Play) (each an "E-Commerce Service and collectively
the "E-Commerce Services"). Additional terms may apply to your use
and access of these E-Commerce Services, such as the iTunes Terms of Use and
all such Additional Terms are incorporated herein by reference. Some of the
E-Commerce Services utilize third party service providers. All purchases made
through these third party service providers are
subject to their respective terms and conditions of use. We encourage you to
make whatever investigation you feel necessary or appropriate before proceeding
with any online transaction with any of these third parties. VII does not make
any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any such third party, and you irrevocably waive any
claim against us with respect to such sites. To the fullest extent permissible
pursuant to applicable law, we are not responsible for assisting you in
correcting any problem you may experience with goods and services purchased
through a third party service provider. We cannot ensure that you will be satisfied
with any products or services that you purchase from any third-party service
provider as those are owned and operated by independent entities. Customer
service issues related to goods or services should be directed to the relevant third party service provider. VII does not guarantee that
product descriptions or other content will be accurate, complete, reliable,
current, or error-free. VII and its third party service providers reserve the
right, with or without prior notice, to change product descriptions, images,
and references; to limit the available quantity of any product; to honour, or impose
conditions on the honouring of, any coupon, coupon code, promotional code or
other similar promotions; to bar any user from conducting any or all
transaction(s); and/or to refuse to provide any user with any product. Price
and availability of any product are subject to change without notice.
This Site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Nickelodeon does not warrant that this Site will be uninterrupted or secure, or that this Site will be free of viruses or other harmful components. To the extent permitted by law Nickelodeon is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, Nickelodeon, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site whether the material is provided or otherwise supplied by Nickelodeon or any third party. Notwithstanding the foregoing, in no event shall Nickelodeons liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.
Your dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms associated with such dealings, are solely between you and such third party service provider or advertiser. You agree that Nickelodeon will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Nickelodeon, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and VII does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Nickelodeon is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Nickelodeon nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Nickelodeon 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 sites. You hereby acknowledge that you access third party hyperlinks at your own risk.
DIGITAL RIGHTS MANAGEMENT
The Software may include
third party digital rights management (DRMs) which are subject to their own
licence agreements. DRMs are designed to manage and enforce intellectual
property rights in digital content purchased over the Internet. You may not
take any action to circumvent or defeat the security or content usage rules
provided or enforced by either the DRM or the Software. DRMs may be able to
revoke your ability to use applicable content. VII is not responsible for the
operation of the DRM in any way, including revocation of your content. You
consent to the communications enabled and/or performed by the DRM, including
automatic updating of the DRM without further notice. You agree to indemnify
and hold harmless VII for any claim relating to your use of a third party DRM.
TERM AND
TERMINATION
The term of this Agreement
shall commence on the date that you install or otherwise use the Software, and ends on the earlier date of either your
removal of the Software from your devices, or VIIs termination of this
Agreement. Also, the licence will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must remove or
destroy all copies of the Software.
Please note that we cannot be responsible for the effects of any third-party software including malware on your computer system
Nielsen is a global information, data and measurement company for fast-moving consumer goods, consumer behaviour and media, providing companies with a comprehensive understanding of what consumers watch, what they buy and how those choices intersect. This website may include Nielsens proprietary digital audience measurement software, for the purposes of market research (including Nielsen Digital Content Ratings) and audience ratings services. By using the Site, you are authorized to use the SDK Technology on any associated devices. The SDK Technology is licensed and not sold, and intellectual property ownership, rights and goodwill remains with and accrue to Nielsen, and its related companies, alone. You are not permitted to license, modify or decrypt any SDK Technology, or any part thereof, or remove any intellectual property mark or proprietary notice. To the maximum extent permitted by law, Nielsen and Nickelodeon disclaim all warranties of any kind, either expressed or implied. Nielsen and Nickelodeon shall not be subject to the terms of an open source licence under which recipients or third parties shall claim the right to copy, create or redistribute any SDK Technology or receive source code. Further, you acknowledge that the SDK Technology is subject to the laws, regulations and other restrictions on the import, export or re-export of the SDK Technology or information about the SDK Technology in the applicable countries. You can access more information about the measurement software and learn about choices with regards to Nielsen measurement here. If you wish to opt out, you may do so here.
To the extent permitted by law, you agree to indemnify, defend and hold harmless, Nickelodeon, its affiliates, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Nickelodeon reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Nickelodeon in asserting any available defenses.
Nickelodeon reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Nickelodeon reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
At all times we recommend taking precautions when using the Site including:
· keeping your identity private. We do not recommend giving out your full name, postal address, telephone number, email address, the name of your school, university, workplace or any other information (other than that specifically requested by us), that could help someone discover your actual identity, but if you are going to do so, take all reasonable precautions in light of your specific situation;
· not physically meeting with anyone youve only met online: we dont recommend that you meet with anyone you meet online, but if you are going to do so, take all reasonable precautions in light of your specific situation, including alerting someone to your whereabouts at all times;
· not replying to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.
We are concerned about the safety and wellbeing of all our users, but children in particular. Parents and guardians who allow their children to use the Site should take care to supervise and assist their children. We remind you that the Site is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of our programming or Site are unsuitable for your child. If you have any concerns about the Site, please do not hesitate to contact us at nickelodeon.feedback@nickaus.com.au.
Your privacy is important to us. We will comply with all applicable Australian and New Zealand privacy legislation from time to time in place in respect of any personal information you submit to us.
Your use of the software is subject to the Nickelodeon Privacy Policy, which describes Nickelodeons information collection, storage and sharing practices. By installing the software, you consent to the Privacy Policy.
You may be asked to input information about yourself on different areas of our Site. We will only use that information for the purposes set out in and in accordance with our Privacy Policy (available at www.nick.com.au/info/privacy- policy) and as stated at the time the information is requested.
If you want to remove all of your information from our databases, you can do so by sending an email to nickelodeon.feedback@nickaus.com specifying your name, email address and telephone number and asking for your information to be removed. You should also read our privacy policy, available at www.nick.com.au/info/privacy-policy containing further information about how we collect, store and use information about you in the course of providing the Website.
Privacy-specific complaints can be directed to our Privacy Officer at vimnau.privacy@vimn.com.
By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.
Each
provision of these terms excluding or limiting liability is to be construed
separately and will apply and survive even if for any reason one or other of
those provisions is held to be inapplicable or unenforceable in any
circumstances. Each of the provisions of these terms excluding or limiting
liability will remain in force notwithstanding any termination of these terms
or termination or suspension of your access to the Site.
ARBITRATION
Except as
provided within or unless you submit a valid arbitration/class action waiver
opt-out notice to nickelodeon.feedback@nickaus.com.au, any and all Claims (being any dispute, claim
or controversy by or between you and/or VII relating to the software and/or
this agreement) between you and VII will be resolved in binding arbitration
rather than in court, except the following:
(a) any claim regarding intellectual
property violation of you, VII or any third party;
(b) claims regarding immediate and irreparable harm you or VII suffer may be
actioned with a preliminary injunction, restraining order or other method of
provisional equitable relief in court where monetary damages are inadequate and
impossible to calculate PROVIDED ALWAYS that (A) subsequent to such immediate
relief, the claim be submitted to arbitration in accordance with this section
of the agreement; and (B) prior to such relief, the parties attempt good faith
negotiation in writing by email notification to nickelodeon.feedback@nickaus.com.au or to the
other party;
Each of you and VII agree that
prior to any arbitration or court action, you or VII must notify the other
party of the claim in writing at least sixty (60) days in advance of initiating
the arbitration or court proceedings to provide a reasonable opportunity to
resolve the claim. In the event such
dispute cannot be resolved through good faith negotiation within sixty (60)
days then the claim may be submitted to binding arbitration. Any arbitration
will be administered by the Rules of Arbitration of the International Chamber
of Commerce (ICC).
Unless you submit a valid
arbitration/class action waiver opt-out per above in writing to nickelodeon.feedback@nickaus.com.au (detailing
your full name, email address, phone number and username, if applicable,
together with the platform [website, application or online service] you would
like to opt-out from), you and VII agree any dispute resolution proceedings
whether in arbitration or in court will be conducted only on an individual
basis and not in a class, consolidated or representative action. VII may use
the personal and other information provided by you to record, process, maintain
and administer your opt-out of mandatory arbitration
and class action waiver provisions and not for marketing purposes. Please
ensure you include a statement that you do not agree to the mandatory
arbitration and class action waiver in your written notification. If your written
notification meets the above requirements, you will be deemed to have opted out
of the mandatory arbitration and class action waiver. If your written notification
does not meet the above requirements, you will NOT be deemed to have opted out
of the mandatory arbitration and class action waiver
If a court of arbitrator determines
this class action waiver is unenforceable in an action between you and VII,
then this Agreement to arbitrate will be unenforceable. Neither you nor VII
consent to class arbitration.
No waiver of any rights by either you or us
will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about
a particular breach of these terms by you it does not prevent us from
complaining about other breaches.
NO ASSIGNMENT
This Agreement is personal
to you, and may not be assigned without VIIs express
written consent. In the event that you are an entity
that merges with another entity or are acquired by another entity during the
Term, you shall provide written notice of such merger or acquisition not later
than the date on which any public announcement is made. If VII does not consent
to assignment of this Agreement to the new or acquiring entity in such merger
or acquisition, VII may terminate this Agreement on thirty (30) days' written
notice. Both parties shall perform under this Agreement until such termination
is effective.
This Site is intended
exclusively for residents
of Australia and New Zealand. These terms are
governed by the laws
of New South Wales and
both you and we
agree to submit to the non-exclusive jurisdiction
of the New South
Wales courts. We make no representation that content on this
Site is appropriate or available for use in locations outside Australia and New Zealand.
If you choose to access
this Site from a location
outside Australia and
New Zealand, you do
so at your own
initiative and risk, and
are
consequently responsible
for compliance with
local laws. These Terms
of Use together with
the Privacy Policy and any
other regulations, procedures or policies
referred to and hereby incorporated by
reference contain the
entire understanding and supersede all
prior understandings
of the parties hereto relating to the
subject matter hereof, and cannot be changed or
terminated orally. Notwithstanding the foregoing, you also may be
subject to additional
or separate terms and conditions,
rules or policies that may
apply when you use
certain features and services or
purchase certain products that
may be made available through this Site. If any provision of these
Terms of Use is found to
be illegal or unenforceable, these
Terms of Use will be deemed curtailed or amended to the extent necessary to
make them legal and enforceable
and
will remain, as modified,
in full force and effect.
Nickelodeon is a member of
the ViacomCBS family of companies.
This EULA and Terms of Use were last updated on 26 February 2020.