Terms of use for all Knowledge Adventure Web Sites

Revised: November 16, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY KNOWLEDGE ADVENTURE WEBSITE, including JumpStart.com, MathBlaster.com, JumpStartSchool.com and Knowledge Adventure.com. These Internet Web Sites ("Web Site") are provided by Knowledge Adventure, Inc. (�Knowledge Adventure"). By using any of these sites or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you are a parent or guardian and you provide your consent to your child�s use of the site, you agree to be bound by these Terms of Use in respect to their use of the Web Site. By your continued access or use of the Web Site or Knowledge Adventure Products offered through the Web Site, you signify your agreement to be legally bound by the Terms of Use set forth herein. If you do not agree to these Terms of Use you may not use any Knowledge Adventure website.

Use of This Web Site

Knowledge Adventure maintains this Web Site for your personal entertainment, information, education, and communication. Please feel free to browse the Web Site. The Web Site and Knowledge Adventure Products are subject to United States, as well as applicable international copyright law. The Web Site and Knowledge Adventure Products are owned by Knowledge Adventure, Inc. and its licensors. Without Knowledge Adventure's prior written permission, or as specifically provided herein, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Web Site, except that you may download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. Any other copying, redistribution, publication, or retransmission of any portion of Web Site material or the Knowledge Adventure Products is strictly prohibited without the express written permission of Knowledge Adventure. You may not modify, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Products, or create derivative works based upon all or part of the Product. No right, title, or interest to any trademarks or trade names of Knowledge Adventure or its licensors is granted to you.

If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web Site, please notify Knowledge Adventure immediately at the following address: Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Ste. 302, Torrance, California 90501, Attention: Legal Department.

Use of Materials and Content on This Web Site

Knowledge Adventure may make certain content available on the Web Site, including but not limited to, characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, sounds, video, templates and projects (the "Properties") are either owned by or used under license by Knowledge Adventure and are protected under trademark, copyright, and other applicable laws. Any and all unauthorized use of the Properties is strictly prohibited. You may not sell any Property or any item containing or carrying a copy of any Property. Subject to the restrictions described below, you may make copies of the Properties for use in home entertainment and projects, for educational purposes, in advertisements, public or private presentations, business communications, multimedia presentations, and other similar uses.

All rights in derivative works created by the use of a Property shall vest exclusively in Knowledge Adventure or its licensors. The following notice must accompany each authorized use of a Property: "� [YEAR] Knowledge Adventure Interactive Learning Limited, and its licensors. All rights reserved."

No other use of any characters, designs, text, photos, clip art, fonts, graphics, electronic greetings, templates and projects contained on any other Knowledge Adventure Web Site is permitted.

YOU ARE NOT PERMITTED TO:

• Use any Properties containing trademarks or logos of any third party in any print or electronic media of an editorial, commercial, promotional, or corporate nature;
• Resell or sublicense or distribute collections of the Properties including, for example, clip art collections, photo collections or stock collections;
• Sell any item on which any Property is copied or otherwise printed;
• Use any of the Properties as a logo, trademark or similar designation of your business;
• Use any individual or entity's name, likeness, and/or image in any manner that suggests the endorsement or association of any product or service. For example, you may use a photo of an animal in an advertisement, but you may not use the image of a person or licensed character;
• Use any Property in or to create any immoral, obscene or scandalous works; or Except as otherwise provided by the functionality of the Web Site, use any Property in electronic format, including online use, and multimedia applications unless all of the following conditions are met:
  • The Properties are incorporated for viewing purposes only;
  • The Properties do not comprise a significant portion of the content of the proposed use;
  • A notice is included specifying that the Properties may not be saved or downloaded and are only to be used for viewing purposes; and
  • The Properties are embedded at no higher than a base resolution of 512x768.

Submissions

In these Terms of Use, the word �Submissions� is used to mean text, messages, ideas, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, lyrics, sound and other recordings, your and/or other persons� names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Web Site.

In some cases Knowledge Adventure may solicit submissions (�Solicited Submissions�) from you. Those submissions are those Knowledge Adventure expressly request or enable you to provide via any feature or activity on the Web Site for Knowledge Adventure�s review or display and possibly specifically defined compensation or that you distribute on or through the Web Site for which you do not seek consideration such as Membership Services and in Public Forums. Any submissions not falling into this definition are considered �Unsolicited Submissions�.

DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

Knowledge Adventure likes to hear from you. However, in your communications with Knowledge Adventure, please keep in mind that Knowledge Adventure does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Knowledge Adventure any creative or original materials such as ideas for software products, Web sites, toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information.

Any communication or material you transmit to or through the Web Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Furthermore, Knowledge Adventure shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.

Licenses and Representations

You hereby grant Knowledge Adventure and its licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Web Site, on third party Web sites, products and services, on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in the section labeled "RULES OF CONDUCT") and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Knowledge Adventure to exploit, such Submission in all manners contemplated by these Terms of Use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you distribute on or through the Web Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or other applicable mechanical, performing rights and/or copyright owners' society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to Knowledge Adventure (and its licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

To the extent that Knowledge Adventure may solicit Submissions through features or activities on or through the Web Sites (including games and Public Forums (defined below in the section, labeled "PUBLIC FORUMS AND COMMUNICATION") that require the use of Knowledge Adventure�s copyrighted works (in whole or in part), Knowledge Adventure hereby grant you a non-exclusive license to create a derivative work using Knowledge Adventure�s copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using Knowledge Adventure�s copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by Knowledge Adventure.

You hereby appoint Knowledge Adventure as your agent with full power to enter into and execute any document and/or do any act Knowledge Adventure may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Knowledge Adventure in any way, and that you have no expectation of any review, compensation or consideration of any type.

To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Submissions exist and are not exclusively owned by Knowledge Adventure and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to Knowledge Adventure or Knowledge Adventure�s licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submission, you must obtain a Moral Rights Consent from that person and provide it on request to Knowledge Adventure. "Moral Rights Consent" means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on behalf of Knowledge Adventure or any licensee or subsequent owner of copyright in the Submissions, including an act or omission which would, but for these Terms of Use, infringe your moral rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

Accounts

Some services on the Web Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Web Site registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify at Knowledge Adventure Customer Service by calling +1 (800) 545-7677 (+1-310-533-3400) or http://www.knowledgeadventure.com/support_question_email.aspx of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web Site. In addition, you agree to exit from your account at the end of each session.

Knowledge Adventure may suspend or terminate your account and your ability to use the Web Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Public Forums and Communication

"Public Forum" means an area, site or feature offered as part of the Web Site that offers the opportunity for users to distribute Submissions for viewing by one or more Web Site users, including a chat area, message board or social community environment. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. Knowledge Adventure cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Web Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. Knowledge Adventure has no duty to monitor any Public Forum. You also acknowledge that the use of any Submission posted in any Public Forum is at your own risk. Knowledge Adventure is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and specifically disclaims any and all liability in connection therewith.

Furthermore, Knowledge Adventure owes you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute. Knowledge Adventure further reserves the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in its absolute and sole discretion without prior notice, although Knowledge Adventure have no duty to do so or to monitor any Public Forum. If Knowledge Adventure elects to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If Knowledge Adventure has questions about your Submissions including, without limitation, the copyright, Knowledge Adventure may contact you for further information including, for example, verification that you own the copyright or otherwise obtained permission to post the material.

Rules of Conduct

The following Rules of Conduct apply to the Web Site. By using the Web Site, you agree that you will not distribute any Submission that:

1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Web Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Web Site; or
   1. does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

Knowledge Adventure cannot and does not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and Knowledge Adventure, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Cooperation; Removal of Submissions

Without prejudice to any of Knowledge Adventure�s other rights under these Terms of Use or at law, Knowledge Adventure reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these Terms of Use (including the Rules of Conduct) and (b) to the extent Knowledge Adventure is able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when Knowledge Adventure believes in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including any Web Site. Moreover, Knowledge Adventure retains all rights to remove Submissions at any time for any reason or no reason whatsoever.

Indemnification, Disclaimer and Limited Liability

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold Knowledge Adventure and its group undertakings' licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Web Site and/or your account(s). You shall use your best efforts to cooperate with Knowledge Adventure in the defense of any claim. Knowledge Adventure reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

This Web Site, including materials accessed from or through it, including the Knowledge Adventure Products may include technical inaccuracies or other errors. Your use and browsing of the Web Site and the Knowledge Adventure Products are at your risk. Neither Knowledge Adventure nor any other party involved in creating, producing, or delivering the Web Site or the Knowledge Adventure Products shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site or Knowledge Adventure Products. Knowledge Adventure does not warrant that the functional aspects of the Web Site or Knowledge Adventure Products will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. Knowledge Adventure neither warrants nor represents that your use of materials displayed on the Web Site or the Knowledge Adventure Products will not infringe rights of third parties not owned by or affiliated with Knowledge Adventure. You also understand that Knowledge Adventure cannot and does not guarantee or warrant that the Knowledge Adventure Products or the Web Site, files or software of any kind, or from any source, available for downloading through the Web Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of lost data. You understand that, except for information, products, or services clearly identified as being supplied by Knowledge Adventure, Knowledge Adventure does not operate, control or endorse any information, products, or services on the Web Site in any way. Except for Knowledge Adventure identified information, products or services, any other information, products and services offered on the Web Site are offered by third parties that are not affiliated with Knowledge Adventure. Knowledge Adventure may allow you to link from the Web Site to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; Knowledge Adventure shall have no liability for any transaction you enter with a third party accessed through the Web Site. Knowledge Adventure makes no representations or warranties regarding the creation or content you post or the delivery of Electronic Greeting Card notification emails sent via the Web Site, including the accuracy of sender identity or recipient notification.

Without limiting the foregoing, everything on the Web Site and the Knowledge Adventure Products are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Knowledge Adventure reserves the right to make changes to this Web Site or the Knowledge Adventure Products at any time without notice. Knowledge Adventure may cancel, change, modify, discontinue, terminate, or charge a fee at any time for any reason for the online services or products available in conjunction with this Web Site or the Knowledge Adventure Products without notice at Knowledge Adventure's sole discretion.

IN NO EVENT WILL KNOWLEDGE ADVENTURE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR KNOWLEDGE ADVENTURE PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDERT ANY THEORY OF LIABILITY. IN NO EVENT WILL KNOWLEDGE ADVENTURE'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEB SITE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS WILL BE INCORPORATED INTO THE WEB SITE AND/OR THE PRODUCTS AND KNOWLEDGE ADVENTURE MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE WEB SITE AND THE PRODUCTS AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB SITE AND/OR THE PRODUCTS. KNOWLEDGE ADVENTURE DOES NOT WARRANT THAT THE WEB SITE AND ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE OR THE PRODUCTS WILL BE CORRECTED.

If you are dissatisfied with the Web Site or the Knowledge Adventure Products or with any terms, conditions, rules, policies, guidelines or practices of using the Products or of Knowledge Adventure in operating the Web Site, your sole remedy is to discontinue using the Web Site and the Products.

Links to Other Sites

Knowledge Adventure has not reviewed all of the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by Knowledge Adventure of the sites. Your linking to any other off-site pages or other sites is at your own risk.

General Provisions

Knowledge Adventure may revise these Terms of Use from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. You agree to periodically review this Agreement and be bound by any such future modifications. Knowledge Adventure controls and operates this Web Site from its offices in Torrance, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. Knowledge Adventure products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Web Site shall take place in a court located in Los Angeles County, California. By your use of this Web Site you consent to the personal jurisdiction of such courts.

If any provision of these Terms of Use shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by knowledge Adventure shall be deemed a further or continuing waiver of such provision or any other provision, and Knowledge Adventure�s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word �including� shall be construed as if followed by the words �but not limited to.�