Long VersionThis s**t is important, y'all. Read it.PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This site is fully controlled and operated by Neopets, Inc. (referred to below as "Neopets" "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions (including the Neopets.com Privacy Policy).
OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of Neopets, Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, noncommercial use only, provided you include "Copyright 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission" or "(c) 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission" on every page containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Neopets' copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. Neopets hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or Neopets, provided that that "Copyright 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission" or "(c) 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Neopets' express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Neopets respects the intellectual property of others, and we ask our users to do the same. Neopets may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Neopets's Copyright Agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Neopets.com's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Stephanie Yost Cameron, Esq.
Legal Department
Neopets, Inc.
P.O. Box 10263
Glendale, CA 91209
Telephone: (+ international dialing code) 818
-551-018
1
Fax: (+ international dialing code) 818
-551-4344
E-mail: LegalDepartment@Neopets.com
NEOPETS' USE OF USER SUBMITTED MATERIALS By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18
) automatically grant (or warrant that the owner of such rights has expressly granted) to Neopets a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
NEOMESSAGES (ONSITE EMAIL), CHATROOMS, MESSAGE BOARDS, SHOP DESCRIPTIONS, and GUILD DESCRIPTIONS To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings") in chatrooms and message boards ("Forums"), and via NeoMail, and in descriptions of users, pets, shops and guilds, please be advised that Postings do not necessarily reflect the views of Neopets. Although we periodically monitor exchanged and posted information, in no event does Neopets assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Neopets will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, Neopets reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions. Neopets also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party. Please see the Privacy Policy.
You hereby understand and agree that Neopets does not allow Postings that contain:
profanity, obscenities, or sexual content (express or implied)
religious, political, or social commentary
personal attacks on other people (individually or as a group)
slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images
petnames or account usernames that would be considered inappropriate under our Terms and Conditions.
materials created by someone else without their express written permission to do so
"cheat" or "hack" programs or information or links to sites claiming to have these solicitations of user passwords
solicitation of user passwords
private or personal information that might identify another user
links to third party commercial Web sites
online chat rooms anywhere on our site or links to sites with chat rooms
Promotions anywhere on Neopets' site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways, and "anywhere on our site" includes but is not limited to all of Neopets' user communication areas, onsite pet's webpage, shop front or onsite guild webpage.
other information that Neopets deems, in its sole discretion, to be inappropriate for this site.
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our message board service by "spamming" (posting numerous identical messages) or by creating "party boards" (group postings often containing inappropriate content) on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.
The Forums and NeoMail may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money or Neopoints or Neopets' Items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other Neopets' users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You (and your parents, if you're under age 18
) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Neopets the right to use and change the Postings in any manner that Neopets may determine.
Please note that Neopets and its NeoMail e-mail service are not in anyway related to or affiliated with Ernie Miller or his Neomail e-mail software program.
DISCLAIMER AND LIMITATION OF LIABILITY 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. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEOPETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEOPETS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEOPETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT NEOPETS) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEOPETS, 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 NEOPETS OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEOPETS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Neopets, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Neopets explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Neopets 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 Neopets nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
Neopets encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Neopets cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Neopets 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.
Neopets cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Neopets, since such sites are owned and operated by third parties. Neopets does not endorse any of the merchandise or services, nor has Neopets taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Neopets does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Neopets with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neopets never gives or sells e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Neopets to transmit his personal information to that sponsor. Please make sure you review Neopets
Privacy Policy for all details regarding Neopets use of your personal information.
UNAUTHORIZED LINKS TO SITE Neopets allows users to link their site Neopets-related fan sites to the neopets.com homepage (http://www.neopets.com). However, by using this website, you specifically agree not to link to any pages within the neopets.com site without Neopets' express written approval. If you do not receive such express written approval prior to linking to an internal page on neopets.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the neopets.com site.
DENIAL OF ACCESS Neopets, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the neopets.com site. The sending of an e-mail notice by Neopets to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the neopets.com site.
INDEMNIFICATION You agree to indemnify, defend and hold harmless Neopets, its affiliates, 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, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Neopets 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 Neopets in asserting any available defenses.
MISCELLANEOUS You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neopoints or Items from any Neopets game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay Neopets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay Neopets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.
Neopets operates and controls the Site from its offices in Glendale, California, in the United States of America. Neopets makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Neopets if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
