1. Limited License
2. Copyrights and Trademarks
GabbaCaDabra respects the intellectual property rights of others and asks you to do the same. This Website and all Content, any improvements or modifications to the Content, any derivative works based on the Content, and the collection, arrangement, and assembly of all Content is the property of GabbaCaDabra or its partners and licensors, and are protected by Canadian, United States and international copyright and other intellectual property laws. The trademarks, logos, service marks and trade names displayed on this Website are the registered and unregistered proprietary marks of GabbaCaDabra and others, and this Website’s trade dress is owned by GabbaCaDabra (collectively, the “Trademarks”). The Trademarks may not be used in connection with any products or services that are not associated with or sponsored by their respective owners, or that are likely to cause customer confusion, or in any manner that disparages or discredits such owners. You may not use, copy, modify or display any of the Trademarks appearing on the Website without the written permission of GabbaCaDabra and/or the third party that owns the applicable Trademark. If you make other use of the Website, or the Trademarks or Content, except as otherwise provided above, your permission to use the Website will be immediately terminated and you may be in violation of copyright, trademark and/or other intellectual property laws of Canada, the United States, and/or the laws of other countries and may be subject to liability for such unauthorized use.
Unless specifically requested, we do not solicit or wish to receive any ideas, suggestions, confidential, secret or proprietary information or any other materials from you through the Website, by email or otherwise. Therefore, please do not send GabbaCaDabra any unsolicited materials of any kind (e.g., ideas for toys, games, or other products, or user-generated content, or stories, drawings, designs, concepts, treatments, scripts, or any other materials). However, should you, notwithstanding the foregoing, send GabbaCaDabra any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to GabbaCaDabra via this Website or by fax, mail, email or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Submitted Materials”) will be treated as non-confidential and nonproprietary, and may be used in any manner or media whatsoever.
By submitting or sending Submitted Materials to us, (i) you grant GabbaCaDabra and our affiliates a non-exclusive, royalty-free, unrestricted, worldwide, perpetual, irrevocable, and fully transferable, sublicensable right and license to reproduce, distribute, publish, broadcast transmit, modify, adapt, translate, display, sell, license, publicly perform, combine with other information or materials, prepare derivative works based upon, and otherwise use or exploit the Submitted Materials in any manner or media whatsoever now or hereafter known or devised (without any attribution, compensation or royalties to you, or any obligation to seek your approval in respect of any such use), including for commercial or promotional purposes; and (ii) you represent and warrant that: (a) the Submitted Materials are original to you and no third party has any rights thereto, and you waive any “moral rights” in the Submitted Materials, and (b) the Submitted Materials are accurate and do not and will not infringe or otherwise violate any right of any third party.
5. Links to this Website
You agree that if you include a link from any other website to the Website, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed”, surrounded by or displayed with any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time on written notice to you.
6. Third Party Websites
7. Prohibited Conduct
You agree that you will not at any time on, through or in connection with the Website: (a) interfere, in any way, with others’ use of or access to the Website and will not attempt to gain unauthorized access to the computer system of any other Website user; (b) use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Website; (c) post, transmit or make available any computer virus, trojan horse, worm or other malicious code or programming; (d) engage in any activities that seek or attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, exploitative of a minor or that violate any right of any third party; or (e) take any other action which violates any local, state, national or international law, rule, regulation or order of any court.
8. Unauthorized Use of the Website
9. Claims of Copyright Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) your name, address, telephone number, and e-mail address; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing on the Website or the subject of infringing activity, and information reasonably sufficient to allow GabbaCaDabra to locate the material on the Website; (d) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate under penalty of perjury that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (f) your electronic or physical signature.
GabbaCaDabra will only receive DMCA notices by mail or e-mail at the addresses below:
Sunset Media Center
6255 W. Sunset Blvd.
Los Angeles, CA 90028
Attention: Take Down Notice
By E-Mail: firstname.lastname@example.org
Be aware that there can be penalties for false claims under the DMCA. GabbaCaDabra may elect to not respond to DMCA notices that do not comply with the then-current statutory requirements imposed by the DMCA, and GabbaCaDabra may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
10. Term and Termination
This Agreement shall remain effective until terminated in accordance with its terms. GabbaCaDabra reserves the right, without any limitation whatsoever, to discontinue this Website and/or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon any termination, you shall immediately discontinue your use and access of the Website and to immediately destroy all materials obtained from it. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. The provisions of this Agreement which require or contemplate performance after termination, including without limitation all disclaimers, limitations of liability, indemnifications, dispute resolution/governing law and all GabbaCaDabra rights of ownership shall survive beyond the effective date of termination of this Agreement and shall remain in full force and effect.
THIS WEBSITE AND ALL PRODUCTS, SERVICES AND CONTENT CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR PARENT COMPANY, DHX MEDIA LTD., AFFILIATES AND OTHER RELATED COMPANIES, OUR LICENSORS, OUR SERVICE PROVIDERS AND OUR SUPPLIERS MAKE NO REPRESENTATIONS AND WARRANTIES AND HEREBY DISCLAIM ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, UNINTERRUPTED SERVICE, FREEDOM FROM COMPUTER VIRUSES, RESULTS OBTAINED FROM USE OF THIS WEB SITE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
INTERNET SERVICES AND LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES AND DOWN TIME. WE SHALL USE BEST EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DO NOT WARRANT THAT WE SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK.
12. Limitations of Liability
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK AND LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE OR OUR PARENT COMPANY, DHX MEDIA LTD., AFFILIATES OR OTHER RELATED COMPANIES, OUR LICENSORS, OUR SERVICE PROVIDERS OR OUR SUPPLIERS, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR PARENT COMPANY OR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, TEN DOLLARS ($10.00).
California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Dispute Resolution/Governing Law
15. General Provisions
- Force Majeure
- Notice to California Users
Under California Civil Code Section 1789.3, residents of the State of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Other Countries
This Web Site can be accessed from countries around the world other than the United States and Canada and may contain references to GabbaCaDabra products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services or programs in your country. GabbaCaDabra makes no representation that this Website is appropriate or available for use in other countries. If you choose to use this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. Accessing the Website from territories where the Website, or any Content or functionality of the Website or any portion thereof, is illegal and is expressly prohibited.
- Miscellaneous Provisions.
16. Contacting Us
Sunset Media Center
6255 W. Sunset Blvd.
Los Angeles, CA 90028
Effective as of June 10, 2015.