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Welcome to the Internet site ("Site") of Walden Media, LLC ("Walden Media"). This Site is published and maintained by Walden Media. Your access to and use of this Site is subject to the following terms and conditions, including the Privacy Policy (collectively "Terms of Use"). Please read the Terms of Use carefully before using this Site. When you access, browse or use this Site, you accept, without limitation or qualification, the Terms of Use. If you do not agree with the Terms of Use, do not use this Site. Walden Media reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation to you. As such, please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you accept the changes. Please note that the headings contained in these Terms of Use are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained herein.
Your Right to Use the "Site" and "Site Materials"
This Site is only for your personal use. Walden Media grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. Unless otherwise stated, this Site and the content provided in this Site ("Site Materials"), including, but not limited to, the text and images contained herein and their arrangement are the copyrighted property of Walden Media and/or third party licensors. (Please note that while the terms Site and Site Materials may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Materials.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks Walden Media and the Walden Media proprietary logo, which are the property of Walden Media. You may use the Site for non-commercial and informational use only. Unless otherwise specifically permitted, no portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of Walden Media, except that you may download, display and print one copy of the content provided in this Site on any single computer for your personal, non-commercial use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials. Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Walden Media or any third party. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and Walden Media. Any unauthorized use of the Site and Site Materials may subject you to penalties and damages, including, but not limited to, damages relating to the violation of trademarks, service marks, copyright policies, the laws of privacy and publicity, and certain civil and criminal statutes
Public Communication And Forum Conduct
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively "Content") that you upload, post, email, transmit or otherwise make available on the Site. Walden Media does not control the Content posted by you or others on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Walden Media will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Site. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a Walden Media official, forum leader, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party; contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Site or any servers or networks connected to the Site, "stalk" or otherwise harass another person or entity; or collect or store personal data about other users. Walden Media does not pre-screen Content, and has no obligation to do so, but you acknowledge that Walden Media has the right, in its sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, Walden Media and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You acknowledge and agree that Walden Media may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Walden Media, its users and the public. You grant Walden Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Content, in any media now existing or later invented.
Submissions
Unless specifically stated otherwise in the Terms of Use, any information submitted by you to Walden Media through this Site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While Walden Media is pleased to hear from users of this Site, company policy prohibits it from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy Walden Media seeks to avoid any potential future misunderstandings that may occur when projects developed by employees or contractors of Walden Media, by and for the sole use of Walden Media, might seem to others to be similar or identical in nature to their own creative work and/or submission(s). If, despite this request, you submit to Walden Media any creative material, including, but not limited to, ideas, suggestions or other information (collectively "Submissions"), other than material posted to the Site in the normal course of using Site features, you acknowledge and agree that such Submission(s) shall be deemed, and shall remain, the property of Walden Media. You further agree and acknowledge that Walden Media shall not be liable for the use or disclosure of such Submission(s), that Walden Media shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such Submission(s), and that Walden Media shall own exclusively all rights to the Submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe. Because of the open nature of the Internet, common sense would dictate, and Walden Media would recommend, that you not submit any information you consider confidential.
Disclaimer of Warranties and Damages; Limitation of Liability
Your use of this Site is at your own risk and any information that you obtain by use of this Site is obtained at your own risk. Walden Media provides this Site and the Site Materials "as is," WITHOUT representations or warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Links to or from this Site ("Linked Sites") may exist. No judgment or warranty is made by Walden Media with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. Walden Media disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. Walden Media does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. Walden Media neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites. In no event shall Walden Media, its parent, affiliates, subsidiaries, suppliers, and each of its and their respective employees, officers, directors, principals, members, successors, licensees, owners, partners, affiliates, agents, messengers, assigns, and advisors (collectively the "Walden Media Parties") be liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses which may arise, directly or indirectly, through access to, use of, or browsing of this Site or through your downloading of Site Materials, including, but not limited to, anything caused by bugs, viruses, or any computer system, hardware, software or program malfunctions, or any other errors, failures or delays. In no event will the Walden Media Parties be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, cost of procurement of substitute products, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this Site, Site Materials, any other content or service accessed through this Site or Linked Sites, or any copying, displaying or use thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion may not apply to you. You shall indemnify and hold the Walden Media Parties, harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising out of or in connection with the use of this Site.
Jurisdiction
You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. The Terms of Use are governed by and are in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. If you attempt to bring any legal proceedings against Walden Media you specifically acknowledge that Walden Media is free to choose the jurisdiction of its preference as to where such action against Walden Media may be held. Walden Media shall make such decision entirely as it suits it, without regard to where in the world you are located, or from where in the world you visited this Site.
Notice of Copyright Infringement Claims
Walden Media is concerned about protecting the copyright and other intellectual property rights of others. You may notify Walden Media by providing the following information to its designated agent, as required by 17 U.S.C. Section 512, if you believe you have a copyright infringement claim resulting from material posted on this Site:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material;
4. Information reasonably sufficient to allow Walden Media to contact you, including your address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your notification to our designated agent who may be contacted as follows:
Designated Agent: Francis X. Flaherty, Jr., Esq.
Address: Walden Media, LLC
294 Washington Street
Boston, MA 02108
Privacy Policy
In order for this Site to be the most dynamic and useful resource that it can be, Walden Media collects information from Site users in a number of ways, some of which are referenced or described in this Policy. We may gather information such as your IP address, resolution settings, browser information, platform type, and originating URLS to help measure Site usage, diagnose possible problems with our servers, and tailor our Site to better serve your needs. Walden Media will not collect personally-identifiable information about you (e.g., your name, address, telephone number, e-mail address, and so on) unless you provide it voluntarily when you: register with us; purchase products from any online stores we may offer; participate in contests, events or promotions; send us questions or comments via email; and/or fill out online surveys, or any other requests we make for suggestions or comments about the Site. Also, we may request certain demographic information, such as your age and gender. If you do not want your personally-identifiable information collected, please do not submit it to us. Walden Media may use the information you submit to the Site to send you advertising or promotional materials, including information about new contests, features and enhancements, special offers and other events of interest. Also, Walden Media reserves the right to disclose any and all types of user information in special cases when we have reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with Walden Media's rights or property, other Walden Media Site users, or anyone else that could be harmed by such activities. Generally, Walden Media only uses personal information collected from and about its users (including children under 13) for the purpose for which it is submitted, unless we disclose other uses at the time we collect the information. If we do, you will have the opportunity to instruct us not to use your data in other ways (you can "opt-out" - see below). We may sometimes share personally identifiable information with our affiliates or business partners who might like to send you information about their products or services. If you do not want your information used in this manner, you may "opt-out." We sometimes offer promotions, such as sweepstakes or contests, in conjunction with a sponsor, and may share your information with these sponsors. We will identify the sponsor for you, and provide you with the opportunity to "opt-out." In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Walden Media's customer information may be transferred to Walden Media's successor or assign, if permitted by and done in accordance with applicable law. Walden Media requests if you are under the age of 13 you not disclose or provide any personal information on this web site unless your parent or legal guardian provides written authorization to Walden Media. (Please see information for Children Under 13, below.)
Cookies
Walden Media reserves the right to use cookies in our collection of data. Cookies are small files of information that a web site automatically transfers to your hard drive when a web site is accessed. Cookies can save and retrieve information about a Site visit - for example, how you entered our Site, how you navigated through the Site and what information interested you. The cookies we use identify you merely as a number. While most Internet browsers are initially set to accept cookies, most browsers include the ability to allow you to change these settings in order to erase cookies from your hard drive, block all cookies or receive a warning before a cookie is stored. We may also gather information through access logs that automatically collect the Internet address of Site users, placing them in our Internet access logs. While Walden Media has taken reasonable steps to limit the uses of information provided by you to those described in this Policy, we cannot guarantee that the information will remain permanently secure. There is always the possibility that your information could be lost due to technical problems or stolen from our databases. Walden Media is not responsible for any such loss or theft. There is no such thing as "perfect" security on the Internet.
Linked Sites
Links to or from this Site ("Linked Sites") may exist. Walden Media is not responsible for the privacy practices or the content of such Linked Sites. This Policy applies solely to information collected by this Site. In closing, notwithstanding this Policy and our commitment to privacy, because of the open nature of the Internet, common sense would dictate, and we would recommend, that you not submit any information you consider confidential.
Opt-Out
If you do not want Walden Media to send you email or regular mail about our products and/or services, you can opt-out at the time we collect the information. If you are receiving emails or regular mail and at a later date you choose to opt-out and have your name removed from Walden Media's emailing list, you can do so by using the link included with a Walden Media email, or by sending an email to opt-out@walden.com.
CHILDREN UNDER 13
Collection and Use of Children's Personal Information
Walden Media may collect and store personal information about children under 13 ("children" or "child") if it submitted to our Site with the parent's verifiable consent, in adherence with the Children’s Online Privacy Protection Act (“COPPA”). To determine who is younger than 13 years old and whether parental consent is required, we may ask users to submit their date of birth. Those users that indicate they are under 13 years of age must submit a parent’s email address, and we will contact the parent for consent. If given verifiable permission from a parent, Walden Media may collect and store the following types of personal information about a child under 13: name, email address, mailing address, parent's or guardian's name, and parent's or guardian's email address. Walden Media may also collect demographic information about a child such as the child's date of birth, gender, and other preferences; and, combine such information with the child's personal information. Walden Media will only collect this information if it is voluntarily submitted to us by the child or parent and provided with the parent's signed permission. We do not gather personal information about a child through the use of passive collection mechanisms such as cookies. For more information on how we use cookies and other information collection tools, please see our section on cookies (provided above).
The information that a child provides us may be used to: (a) allow the child to participate in activities on our site (e.g., contests); and, (b) allow us to send the child promotional materials, including information about contests, features and enhancements, special offers, and other events of interest. We may also use the information for our internal marketing and demographic studies, so that we can constantly improve the products and services we provide our visitors and to better meet their needs.
Please note that we will not condition a child's participation in an activity, such as contests, on the child's disclosure of more personal information than is reasonably necessary to participate in the activity.
A parent who has already given Walden Media permission to collect and use his or her child's personal information can, at any time, do the following: review, correct, or have deleted the child's personal information; and/or, discontinue further collection and use of the child's personal information. To do so, please contact us at the address in the Reviewing and Changing Personal Information below, and be sure to include your child's name and email address, and your name and email address.
Reviewing and Changing Personal Information
You may at any time review and/or update the contact information we have for you (or your child), or inform us that you want us to remove such information from our database, by contacting us at: Walden Media LLC, Attn: General Counsel, 294 Washington Street, Boston, MA 02108 or by sending an e-mail to: opt-out@Walden.com. You must provide us with information on the activities you participated in which requested personal information. Before we can change or delete any information, we require that you provide us with proof of your name and address. Once we receive such proof, we will immediately delete or modify your information and refrain from collecting any other personally identifiable information from you, if you request. Please note, however, that there may be some residual information that may remain in our databases, that may or may not contain personally identifiable information. We will not provide this information to any third party, or use it for any commercial purpose.
Effective Date: November 8, 2006
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