(Including JumpStart.com, JumpStartWorld.com, MathBlaster.com, JumpStartSchool.com, KnowledgeAdventureatHome.com and Knowledge Adventure.com) This Internet Web Site ("Web Site") is provided by Knowledge Adventure, Inc. (“Knowledge Adventure"). Your use of this Web Site and Knowledge Adventure products ("Knowledge Adventure Products") offered through this Web Site is subject to the following terms and conditions. If you do not agree to the terms stated below, please immediately log off this Web Site. By your continued access or use of the Web Site or Knowledge Adventure Products offered through the Web Site, you agree to be legally bound by the terms and conditions set forth herein.

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 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.

Your Communications To and Through the Web Site

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.

Knowledge Adventure reserves the right, but shall have no obligation, to monitor communications or materials you transmit to, through or post on the Web Site, and reserves the right to suspend, delete or withhold any communications or materials and to terminate your access to and use of this Web Site, at any time and for any reason (including for violation of these Terms and Conditions or for any unlawful or improper conduct.) By using this Web Site, you consent to Knowledge Adventure's access of your account and other records for, among other purposes, maintenance, or the investigation of complaints or allegations of misuse or misconduct. You further agree that Knowledge Adventure need not provide any notice to you, either before or after such access, except as required by law. Except as stated in Knowledge Adventure's Privacy Policy, anything you transmit or post may be used by Knowledge Adventure or licensed to others by Knowledge Adventure for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. By using the Web Site, including by posting or uploading any materials or communications to chat rooms, communities, bulletin boards, the Photo Album database, by sending Photo Album invitations, or by creating and posting any electronic greeting card ("EGC") or sending e-mail notification of an EGC, you agree not to use unlawful, immoral, scandalous or obscene names, graphics, images, photos, or language. You further agree that in creating and posting EGCs and sending electronic mail (email) notifications and invitations from or through the web site, you shall only use valid personal names and email addresses and that you will send email notifications and invitations only to people or entities with whom you are personally acquainted and who have all necessary rights to receive the notifications and to access the EGC. You further agree that you will not use any of the services or functions provided by the Web Site to "spam" or otherwise send multiple, unwanted email notifications or invitations to any person, and that you will use the Web Site in a responsible manner. To unsubscribe from Knowledge Adventure @ Home please email homeparty@adventure.com with "remove" in the subject line.

Disclaimer and Limited Liability

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 of EGCs you post or the delivery of EGC 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

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 & Conditions 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.

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