Terms Of Use : Mister Rooster

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEB SITE

Updated on July 18, 2013
Updated on March 26, 2010
Originally Published 2006, Amended April, 2009

The Mister Rooster & Pals! (“Mister Rooster”) Website located at www.misterrooster.com, www.misterroosterandpals.com, www.mrrooster.com (the "Websites") is committed to providing quality online activities and information, while promoting the online safety and privacy of our users. Our Website includes areas of edutainment, where Rooster Club Members can enjoy quality online entertainment and education with their preschool-aged children. This includes possible Games, Stories, Music, Art & Crafts, WebToons, Rooster Travel, Recipes, Video's and other activities, the design, content and language of which are targeted to preschoolers. To help keep our Website safe for users of all ages we have established the following specific Terms of Use ("Terms of Use") for our members. The Terms of Use is the binding legal agreement that you and each user (whether a registered Member or otherwise) makes with us as you participate.

The target audience for this Website and its participants is parents and their preschool age children to use together. If you are under 18 years old, by using this Website you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the Website is at their discretion. Until you are 18 years old, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability.

These Terms of Use, like the online medium itself, are subject to change. We will notify you of material changes by posting them at our Site. We encourage you to check back and review the Terms of Use, from time to time. 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 Website 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 Website. Certain features and services made available through the Website from time to time may be governed by different Terms of Use. By accessing and using those areas of the Website, you are agreeing to be legally bound by the terms and conditions applicable to those areas. The applicable Terms of Use may always be found at the bottom of the page you are using.

These Terms of Use do not cover your rights or responsibilities with respect to any third party sites or pages that link to this Website or to which this Website provides links for your convenience.

Registration
We may require you to register as a Member and have a unique user name and password combination in order to use certain features and functions of the Website, including like watching videos, playing online games, and participating in certain other features or functions. You may not:

select or use a screen name of another person with the intention of impersonating that person,
use a screen name of anyone else without authorization,
use a screen name in violation of the intellectual property or other legal rights of any person
use a screen name that Mister Rooster considers, in its sole discretion and for any reason, inappropriate.

Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.

You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Website and for any use of the Website or any other activity or conduct in connection with the Website by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Website. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our , which describes how we collect and use your personal information. By registering with the Website, you agree to allow our staff to contact you at your personal email address about your activity on the Website.

Ownership of Intellectual Property
All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Website, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of Mister Rooster! AKA Mister Rooster and Donna Cardellino, LLC, US and International Pending Trademarks, 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. Except as otherwise specifically noted on this Website or in connection with any particular Material, Donna Cardellino, LLC/Mister Rooster! hereby 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 Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Website or in connection with any Material or software, 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 Mister Rooster 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 web site) without the express prior written consent of Donna Cardellino, LLC/Mister Rooster!. Use of Mister Rooster’s and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Use of extracting database information is prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

Copyright 2005-2013 The trademarks, Copyrights, logos, and service marks ("Marks") displayed on this Site are the property of Donna Cardellino, LLC / Mister Rooster!. Use of the Marks without the prior written consent of Donna Cardellino, LLC / Mister Rooster! is not permitted., the MISTER ROOSTER Logo, HENRIETTA, WADDLES and BENNY are trademarks of Donna Cardellino, LLC / Mister Rooster!."

User Correspondence
Any comments, materials, or letters sent by you to Mister Rooster! regarding the Website including, without limitation, questions, comments, suggestions, criticisms, or the like ("Communications") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Mister Rooster will have no obligation of any kind with respect to Communications that you do not restrict and Mister Rooster! will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Communications that you do not restrict. You expressly acknowledge and agree that Mister Rooster! may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Communications violate the rights of third parties; or (d) protect the rights, property or personal safety of Mister Rooster, its affiliates, suppliers, users or the public.

Your Responsibilities
You may use this Website only for lawful, non-commercial purposes. You may not submit or transmit through this Website any material, or otherwise engage in any conduct, that 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, otherwise interferes with the use or enjoyment of this Website by others, or violates these Terms of Use or any guidelines or policies posted on this Website.

You may not use this Website 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. Mister Rooster!/Donna Cardellino, LLC will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.

Promotions
From time to time, Mister Rooster! or its suppliers and advertisers may conduct promotions on or through the Website ("Promotions"). Each such Promotion may have additional terms, conditions and rules as may be necessary or appropriate in our discretion and that 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.

Disclaimer and Limitation of Liability
THIS WEBSITE 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, W ITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mister Rooster! AND DONNA CARDELLINO, LLC DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MISTER ROOSTER 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 WEBSITE. 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, MISTER ROOSTER, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE 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 WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MISTER ROOSTER OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL MISTER ROOSTER'S 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.

Dealings with Third Party Service Providers
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Mister Rooster! and Donna Cardellino, LLC shall 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 Website

Third Party Hyperlinks
Mister Rooster! does not review or monitor any web sites linked to the Website, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Mister Rooster, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and Mister Rooster does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Mister Rooster 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 Mister Rooster 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, Mister Rooster 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.

Ads and Malware
We take great care and pride in creating this Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Website--and that is beyond our control.

If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Website and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
Install a SpyWare Removal Tool to clean your computer of Malware.
Install antivirus software,

Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

Indemnification
You agree to indemnify, defend and hold harmless Mister Rooster! and Donna Cardellino, LLC, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, 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. Mister Rooster 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 Mister Rooster in asserting any available defenses.

Termination or Suspension of Access; Modification to Site
Mister Rooster! reserves the right to terminate, suspend or otherwise restrict your use of and access to this Website, 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, Mister Rooster reserves the right to modify or discontinue this Website or any portion hereof at any time with or without notice. Mister Rooster shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

Privacy Policy
Certain information we may collect about you is subject to our . Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

Electronic Delivery Policy
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. We will post the notices on the home page of this Website or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website.

MISCELLANEOUS
Mister Rooster! and Donna Cardellino, LLC operates and controls this Website from within the United States of America. This Website is intended exclusively for residents of the United States. We make no representation that content on this Website is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal is prohibited. If you choose to access this Website from a location outside the United States, you do so, on your own initiative, and you alone are responsible for compliance with local laws. Under no circumstances is Mister Rooster responsible for ensuring that the Website is in compliance with the local laws of jurisdictions outside the United States. No software from this Website may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These Terms of Use 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 Website.

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Florida applicable to contracts executed and performed entirely within Florida (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Use or any other matters related to this Website shall be brought only in a state or federal court located in Hillsborough County, Florida, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against Mister Rooster arising out of or related to use of this Website or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Website and to promptly end any infringement that might occur. If you believe that the Website contains elements that infringe your copyrights in your work, please follow the procedures set forth in above in our Copyright Compliance Policy.

These Terms of Use were last updated on January 2006, April, 2009 and March 26, 2010, and July 18, 2013.