DIC
ENTERTAINMENT TOOLS & MATERIALS END USER LICENSE
And Terms and Conditions for use of this Website
By accessing and using this website
(the ‘Site’), you are hereby agreeing to be legally bound by the terms and
conditions of contained below. DIC
Entertainment Inc, and its subsidiaries, affiliates and licensors
(collectively, "DIC") reserves the right, at its sole discretion, to
change, modify, or otherwise alter these terms and conditions at any time. Such
changes and/or modifications shall become effective immediately upon the
posting thereof. Please review the terms and conditions periodically. Your
continued use of the Site following the posting of changes and/or modifications
will constitute your acceptance of the revised terms and conditions.
DIC Entertainment Inc, and its
subsidiaries, affiliates and licensors (collectively, "DIC
ENTERTAINMENT") grants you a non- transferable non-exclusive license to
download and/or install and use one copy of the software tools (“Tools”) and/or
materials (“Materials”) (collectively the “Tools & Materials”) solely for
your personal noncommercial use, in accordance with the terms below.
DIC owns all of the rights, title and
interest in the Tools & Materials. You may not alter any of DIC's
trademarks or logos, or alter or remove any of DIC's trademark or copyright
notices included in or with the Tools & Materials, on DIC's products or
those trademark or copyright notices on this Site. Your right to use this Site
and the Tools & Materials is limited to the license grant above, and you
may not otherwise copy, display, distribute, perform, publish, modify, create
works from, or use any of the Site or the Tools & Materials. Without
limiting the preceding sentence, you may not modify, reverse engineer,
disassemble, license, transfer, distribute, create works from, or sell the
Tool, or use the Tools & Materials to further any commercial purpose.
Without limiting the foregoing, you may not use the Tools & Materials to
promote another product or business, or on any site that operates or promotes a
server emulator.
You may include materials created with
the Tools & Materials on your personal noncommercial website for the
noncommercial benefit of the fan community for DIC's products and provided that
if you do so, you must also post the following notice on your site on the same
web page(s) where those materials are located:
“This site is not endorsed by or affiliated with the DIC
Entertainment Corporation, or its licensors. Trademarks are the property
of their respective owners. Game content and materials copyrighted DIC
Entertainment and its licensors. All Rights Reserved.”
You will not represent that your site
is endorsed or approved by or affiliated with DIC or our licensors or that any
other content on your site is endorsed or approved by or affiliated with DIC or
our licensors.
DIC allows its users of the Site and
the Tools & Materials to link their Trollz-related fan sites to the trollz.com
homepage, found at http://www.trollz.com. However,
by using the Site, you specifically agree not to link to any pages within the
Trollz.com website without express written approval from DIC. If you do not
receive such express written approval prior to linking to an internal page on
the Trollz.com website, you hereby consent to an injunction to be entered
against you by a court of competent jurisdiction, as provided herein,
permanently enjoining you from linking to any internal pages on the Trollz.com
website.
DIC has the right, at any time, to:
(a) add, change or discontinue any aspect or feature of the Site, including,
but not limited to, content, financial terms, availability and equipment needed
for access or use;
(b) impose, change or modify its terms and conditions applicable to your use of
the Site, or any part thereof; and/or
(c) impose, change or modify the terms and conditions of this Agreement
("Changes").
Such Changes shall be effective
immediately upon notice by posting the Changes on the Terms and Conditions of
Use or by any other method of notice DIC deems appropriate. Any use of this
Site or the Tools & Materials by you after notice of the Changes,
constitutes your acceptance of such Changes.
To the fullest extent permissible pursuant to applicable law, DIC, its affiliates,
and respective officers, directors, employees, agents, licensors,
representatives, and third party providers to the Site 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 Site, or the Tools & Materials contained
on this Site, whether the Tools & Materials are provided or otherwise
supplied by DIC or any third party. Notwithstanding the foregoing, in no event
shall DIC'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.
DIC does not warrant that the
functions contained in this Site or the Tools & Materials contained therein
will be uninterrupted or error-free, that defects will be corrected, or that
this Site or the servers that make it available will be free of viruses or
other harmful components. DIC is not responsible or liable for any infections
or contamination of your system, or delays, inaccuracies, errors, or omissions
which may arise out of your use of this Site or with respect to the information
and material contained on this Site, even if dic
has been advised of the possibility of such damages. The entire risk as
to the quality, accuracy, adequacy, completeness, correctness, and validity of
any material or information contained herein rests with you. You assume the
complete cost of all necessary servicing, repair, or correction. Applicable law
may not allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
THESE TOOLS & MATERIALS ARE
PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
DIC SPECIFICALLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NONINFRINGEMENT.
ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN
BY YOU ENTIRELY AT YOUR OWN RISK. DIC DOES NOT WARRANT THAT THESE TOOLS
& MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK,
SOFTWARE OR OTHER TECHNOLOGY.
NEITHER TROLLZ.COM NOR DIC WILL
PROVIDE SUPPORT FOR THESE TOOLS & MATERIALS. PLEASE DO NOT CALL OR
SEND EMAIL TO DIC ENTERTAINMENT OR TROLLZ.COM CUSTOMER SUPPORT REGARDING THESE
TOOLS & MATERIALS, AS DIC NEITHER WILL BE ABLE TO ANSWER THESE INQUIRIES.
DIC RESERVES THE RIGHT TO DISCONTINUE
THE AVAILABILITY OF THESE TOOLS & MATERIALS, OR MODIFY THEM, AT ANY TIME,
WITHOUT OBLIGATION TO ANYONE.
At DIC’s request, you agree to defend,
indemnify and hold harmless DIC from all liabilities, claims and expenses,
including attorneys' fees, arising from any breach of this License by you
and/or your use or misuse of the Site and / or the Tools & Materials.
You alone are responsible for knowing
and complying with all federal, state, and local laws that may apply to your
use of the Site and / or the Tools & Materials in your own locale. By
downloading any Tools & Materials, you warrant that you are not located in
any country, or exporting the Tools & Materials to any person or place, to
which the United States and/or Canada and/or European Union or its member
countries has embargoed goods.
DIC may revoke your rights to access
the Site (including your access to any part or all of the Site) and / or
terminate this license at any time, for any reason or no reason, in its sole
discretion. Upon termination, you must destroy or return to DIC all Tools
& Materials. This License is governed by United States Copyright and
California law (without regard to conflicts of law), and is the entire
agreement between DIC and you regarding the Site and / or the Tools &
Materials.
TERMINATION
These terms of use are effective until
terminated by either you or us. You may terminate these terms at any time by
discontinuing use of the Site and by destroying all materials obtained from the
Site, the Tools & Materials and / or all related documentation and all
copies and installations thereof, whether made under these terms of use or
otherwise. In the event that you terminate these terms of use, you agree to
notify us of such termination by sending notice of such termination by
certified United States mail, postage pre-paid to:
Trollz.com Member Services
DIC Entertainment
4100 West Alameda Avenue
Burbank, CA 91505
By accessing the Site or by
using the Tools & Materials you accept the terms of this license. If you do
not wish to accept this license, do not access the Site or use the Tools &
Materials. You may only use the Site or the Tools & Materials
pursuant to the terms and conditions of this license.