CartoonNetworkClub - Terms of Use (Asia Pacific)

Please read these Terms of Use carefully before proceeding, as by completing the registration process and using the websites owned and operated by Turner Broadcasting System Asia Pacific, Inc. ("Turner", "we" or "us") or its affiliated websites in the Asia Pacific ("Site" or "Sites"), you signify your agreement with these Terms of Use. If you do not agree with any of these Terms of Use, do not register for or use this Site. We reserve the right, in our sole discretion, to modify, alter or update these Terms of Use at any time. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised Terms of Use. We retain the right at any time to deny or suspend access to all or part of the Site to anyone who we believe has violated any of these Terms of Use.

1. Registration.

In order to register for the Site, you will be asked to specify your country of residence, date of birth and, if applicable, the contact details of your parent(s) or legal guardian(s). You expressly acknowledge that we are relying on the information you have specified and warrant that this information is true and accurate.

If you are under the age of 14 at the time of registration:

1.1 You will be required to provide the email address of your parent(s)/legal guardian(s) as certain functions of the Sites require permission from your parent(s)/guardian(s). We will send them an email to notify them of your registration on the Sites, and your parent(s)/guardian(s) will be required to confirm: (i) their acknowledgment and approval (or disapproval) of your participation in all elements and functions within the Sites; and, (ii) subject to such functionality becoming available on the Sites, any products or elements within the Site which you shall not be permitted to access without their further express approval by visiting the Parent/Guardian Control Panel.

1.2 On receipt of your parent(s)' or legal guardian(s)' approval of your registration on the Site and the activation of your account on the Site, we will activate your account and allow you access to the products, elements and functions within the Site.

1.3 If functionality permitting your parent(s) or legal guardian(s) to approve or disapprove of your participation in, or access to, certain (but not all) elements on the Site is implemented by us in connection with the Site, on receipt of the appropriate communication from your parent(s) or legal guardian(s), we will activate those products within the Site which your parent(s) or legal guardian(s) have approved for your access from time to time. We will also de-activate your access to any products within the Site on receipt of any request or instruction from your parent(s) or legal guardian(s) to do so from time to time.

You acknowledge and agree that we will provide you with the products and services accessible via the Site (subject to paragraph 1.3 above) and that you will be responsible for all equipment necessary for you to access the Internet and all telephone or other connection and service fees associated with such access.

2. Personal Non-Commercial Use by Users.

The Site, and all material on the Site, is for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavours. Organisations, companies, and/or businesses may not become registered members and may not use the Site for any purpose. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. You also acknowledge that such consideration includes your enjoyment and use of the Site and all features and activities available on the Site; your receipt of data, materials and information available at or through the Sites; and the possibility of our review, use or display of Content (as defined below in section 4).

3. Ownership of Material on the Site.

As between you and Turner, Turner owns and retains all proprietary rights in the Site. The Site contains material, including images, illustrations, audio clips, and video clips, which is derived from material supplied by The Cartoon Network, Inc. ("CN") or by other parties that have licensed their material to CN and is protected by international copyright and trademark laws. You must not, and must not assist any other person to, copy, reproduce, republish, upload, post, transmit or distribute in any way, including by e-mail or other electronic means and whether directly or indirectly, decompile, reverse engineer or disassemble any of the material on the Site including the characters, logos, graphics, illustrations, text, images, audio, video and software, including images or files incorporated in or generated by the software or data accompanying such software ("Material"), unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by Turner or CN. Unless you obtain the prior written consent of the owner, modification or use of all or part of the Material, including use of the Material on any other website or networked computer environment, or for any purpose other than personal, non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights of the Material's owner(s), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this section. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Site (including data packets transmitted to and from the Site over the Internet), or analyse, decipher, "sniff", derive code from, or attempt to analyse, decipher, "sniff" or derive code from, any packet stream transmitted to or from the Site, whether encrypted or not, or permit any third party to do so. You expressly waive any legal rights you may have to do so, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under any applicable law.

4. Content Posted on the Site.

4.1 You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Site ("Content"). By posting or transmitting such Content, you grant to Turner an unlimited, irrevocable, worldwide, perpetual license to use such Content for its commercial purposes without any restriction whatsoever and without payment to you. Consistent with our Privacy Policy, we shall be entitled to use the Content or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or later devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by us and/or CN in accordance with our Privacy Policy and that you are not entitled to any payment or other compensation for such use.

4.2 We may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in the Forums are not necessarily those of us, CN or its affiliated or related entities or content providers. Turner makes no representations or warranties regarding information or opinions that appear in the Forums and do not endorse or guarantee the accuracy of any posting. While we do our best to moderate and monitor content posted in the Forums, we assume no obligation to do so or to delete or edit any postings. However, we reserve the right to delete, move or edit any postings for any reason in our absolute discretion.

4.3 By using the Site, you agree that you will not submit or otherwise publish through the Forums any Content which: (a) libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify Turner, CN and their officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of the above agreements, representations, and warranties.

5. Rules of Conduct on the Site.

5.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

5.2 We may review, edit, reject, refuse to post and/or delete any Content that in our sole judgment violates these Terms of Use or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of any person.

5.3 You may not post or transmit Content (even in a joking, sarcastic or unintended manner) that:

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, religious intolerance, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person, including continuing to message a Site user ("griefing") after being asked to stop, or continued negative "tagging" of another Site user;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
intends or has the effect of disrupting the normal use or operation of the Site or otherwise uses a disproportionate amount of bandwith or places disproportionate demands on the CPUs of our servers;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
nfringes upon or violates any third party's rights (including intellectual property rights, rights of privacy (including unauthorised disclosure of a person's name, email address, physical address or phone number) and/or rights of publicity);
promotes or enables an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music, movies, videos or video games or links or other access to such pirated material;
contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person aged 18 or older without his or her express written permission, or of any minor (regardless of whether you have consent from the minor or their legal guardian);
tries to gain unauthorised access or exceeds the scope of your authorised access (as defined in these Terms of Use and in other applicable Codes of Conduct) to the Site or to profiles, blogs, chat rooms, communities, account information, bulletins, friend requests or other areas of the Site or solicits passwords or personally identifying information for commercial or unlawful purposes from other Site users;
engages in or solicits commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barters, advertising, investments and/or pyramid schemes or the buying or selling of "virtual" items related to the Site;
solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, disruptive or deleterious creations, components or devices;
interferes with another user's use and enjoyment of the Site or any other individual's use and enjoyment of similar services; or
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited on the Site, or violates the letter or spirit of these Terms of Use.

We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates these Terms of Use, including removing the offending Content in whole or in part from the Site, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Site. TURNER AND CN DO NOT WARRANT OR GUARANTEE THAT YOU WILL NOT BE OFFENDED BY ANY MATERIAL OR CONTENT ON THE SITE.

5.4 You must use the Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Site, including collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Site, are not permitted. This includes the unauthorised interception of the data stream coming from or going into the Site, as well as attempting to gain unauthorised access to the Site or exceeding your authorised access.

5.5 You may not include in your member profile your last name; passport, social security or similar numbers; telephone number(s); or street address(es). You (or your parent(s)/legal guardian(s) if you are under the age of 14) must be the email account holder for any email address(es) that you list in your account information or subsequently provide in connection with the Site.

5.6 You may not engage in advertising to, or solicitation of, other users through the Site to buy or sell any products or services, including products or services related to the Site. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Site. It is also a violation of these Terms of Use to use any information obtained from the Site in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to another person outside of the Site without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

5.7 You understand that Turner has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Turner can (and you hereby expressly authorise Turner to) disclose any information about you to law enforcement or other government officials, as Turner, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

5.8 We have the right, and will do our best, to monitor and moderate the materials posted in the public areas of the Site, however we have no obligation to do so. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the Site and in your messages.

5.9 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 advertiser. Turner shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Site.

5.10 It is possible that other users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. Turner does not approve of such unauthorised uses but by using the Site you acknowledge and agree that Turner is not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.

6. Unsolicited Creative Submissions/Communications.

We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If you do send, post or transmit to us by any means any creative materials, including suggestions, ideas, e-mails, message/billboard/forum postings, notes, drawings, concepts or other information ("Information"), that Information shall be deemed "Content", will be subject to section 4 of these Terms of Use, and will become and shall remain the property of Turner. By submitting any Information through the Site or in any other way to Turner, you: (a) grant to Turner all copyright and other property and intellectual property rights in that Information; (b) warrant that you have the right to make that grant and that nothing in the Information is confidential to any person, and (c) allow Turner to make any use of the Information in any way it chooses (including for advertising or promotional purposes), without payment or any other consideration to be made to you, subject to Turner's privacy policies as they exist from time to time.

7. Copyright.

Turner respects the rights of all copyright holders and has a policy that, in appropriate circumstances, users and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders") may have their rights to access the Site terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know in sufficient detail for us to investigate your complaint. If we determine that copyright infringement has occurred, we may remove or "take down" the infringing material from the Site, or take such other steps as we deem appropriate. If we determine that you have uploaded or otherwise posted material that infringes the copyrights of others, we may, in our discretion, terminate or suspend your access to the Site.

8. Links.

8.1 This Site may contain links to other websites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites and we are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or postings from you, we shall not bear any responsibility or liability for the manner in which such information or postings are used or exploited.

8.2 Turner welcomes links to this site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Turner. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another website or dynamic HTML page, or present in conjunction with or juxtaposed against such a website, any of the content or other materials on the Site without our prior written consent.

9. User Disputes.

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation to monitor communications and/or disputes between you and other users.

10. Privacy.

Use of the Site is governed by our Privacy Policy which can be located at each of the sites.

11. Contests and Other Promotional Activities.

We may provide terms and conditions relating to the conduct of certain promotional activities on the Sites including contests and competitions conducted by us, on our own or in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Site about the relevant promotional activity. To the extent that any conflict exists between these Terms of Use and the specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify these Terms of Use.

12. Disclaimer of Warranties and Liability.

12.1 The Materials on the Site are provided "as is" and without express warranties of any kind. Turner disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under applicable laws, are implied by law and are incapable of exclusion, restriction or modification. To the extent permitted by law, Turner's total aggregate liability for a breach of any such implied condition or warranty is, at Turner's option, limited to the re-supply or payment of the cost of the re-supply of the good or service the subject of the warranty, or the repair or the payment of the cost of repair of a good the subject of the warranty. Neither Turner, nor its affiliated or related entities (including CN), nor any person involved in the creation, production, and distribution of the Site warrant that the functions contained in the Site materials will be uninterrupted or error-free, that defects will be corrected or that Turner or the server that makes them available are free of viruses or other harmful components. The material that you read on the Site is provided solely for entertainment and promotional purposes. Turner does not warrant or make any representations regarding the use or the results of the use of the Site or any Materials or Content in terms of their correctness, completeness, accuracy, reliability or otherwise.

12.2 You expressly agree that use and browsing of the Site is at your sole risk. If you are dissatisfied with any of the Materials or Content contained on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

12.3 You expressly agree that neither Turner, nor its affiliated or related entities (including CN), nor any of their respective employees or agents, nor any person or entity involved in the creation, production, and distribution of the Site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of the Sites or any other Turner affiliated websites. You expressly acknowledge and agree that Turner is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Turner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or member communications. Turner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site. You (and not Turner) assume the entire cost of all necessary servicing, repair or correction.

13. Indemnification.

You agree to indemnify, defend and hold harmless, Turner, its affiliates (including CN), and their respective officers, directors, employees, agents, licensors, representatives and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Turner reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Turner in asserting any available defences.

14. Jurisdictional Issues.

Unless otherwise specified, the Materials are presented solely for the purpose of entertainment and promoting programmes and other products available in Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Fiji, Hong Kong, India, Indonesia, Japan, Laos, Malaysia, Maldives, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Solomon, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Vietnam (the "Asia Pacific"). Turner makes no representation that the Materials are appropriate or available for use in other locations. The Site is intended for use by residents in the Asia Pacific and those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use, and any disputes arising from or in relation to them, are governed by laws applicable in Hong Kong and you submit to the exclusive jurisdiction of the Hong Kong courts. You consent to personal jurisdiction and venue in Hong Kong and service of process by certified mail. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect. In these Terms of Use, the words "include" or "including" shall not limit what else may be included.

These Terms of Use were last updated and posted on the Site on 12 July 2010.

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