INTRODUCTION AND WELCOME
We're glad you stopped in! DIC Entertainment welcomes you to the Trollz.com website! This website has been created for your personal entertainment, education, and information, so please enjoy exploring it. While you are here, we want you to be aware that access to this site implies your full understanding of our respective legal rights and obligations. Use of this site is subject to the terms of service,
described below, as well as all applicable laws. Our terms of service are legally binding, and will govern your use of this website, so please read them carefully. If you are under 18 years of age, please have your parents review these Terms and Conditions of Use with you.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
This site at Trollz.com (the "Site") is fully controlled and operated by DIC Entertainment ("DIC" or "we"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Trollz.com. If you do not agree with all of the following terms and conditions, please do not use this site.
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. For your information, these Terms and Conditions were last updated on January 14, 2005.
OWNERSHIP OF INTELLECTUAL PROPERTY
DIC respects and honors the intellectual property rights of others and asks that all users of this site do the same. DIC may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangement thereof, and trademarks, service marks, and trade names (the "Material") are the property of DIC 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.
DIC hereby grants to you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for non-commercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, publish, perform, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of DIC. Use of Trollz.com and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner [including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any nature (including, without limitation, endorsements of a political, religious, or social orientation nature), promotions, products, games, services, or other inappropriate content)] is strictly prohibited.
DISCLAIMER AND LIMITATION ON LIABILITY
This Site and all Materials contained herein are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either expressed or implied, including, without limitation, warranties of merchantability, fitness for any particular purpose, or noninfringement.
DIC does not warrant that the functions contained in this Site or 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. 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.
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 Materials contained on this Site, whether the Material is 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.
The information and opinions expressed in Message Boards, or other forums conducted on this site ("Forums") are not necessarily those of DIC or its affiliated or related entities or content providers and DIC makes no representations or warranties regarding that information or those opinions. Furthermore, neither DIC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) 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 any information or opinions provided in the Site.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You agree to indemnify, defend, and hold harmless DIC, its affiliates, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers to the Site (collectively, the "Indemnified Parties") from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of these Terms and Conditions by you. DIC 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 DIC in asserting any available defenses.
We are always pleased and interested to hear from our visitors, and we welcome your comments. Unfortunately, DIC does not accept or consider unsolicited concepts, creative ideas, suggestions, stories, and other related ideas for its programs, toys, web sites and other products. We hope that you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by DIC might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions or ideas to DIC through this web site or otherwise.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
DIC provides Rules of Participation ("Rules of Participation") for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by DIC and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
CONTENT LINKED TO OUR SITE
UNAUTHORIZED LINKS TO SITE
DIC allows its users of the Site to link their Trollz-related fan sites to the Site homepage. However, by using the Site, you specifically agree not to link to any pages within the Site without express written approval from DIC. If you do not receive such express written approval prior to linking to an internal page on the Site, 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 any internal pages from the Site.
The Site is controlled and operated by DIC and its affiliates from its U.S. offices in Burbank, California. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By registering to use the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
This agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DIC brings to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in the County of Los Angeles, California, and you expressly consent to the jurisdiction of said courts.
(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 by you after notice of the Changes, constitutes your acceptance of such Changes.
DENIAL OF ACCESS
Trollz.com Member Services
4100 West Alameda Avenue
Burbank, CA 91505
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Online Copyright Infringement Liability Limitation Act, Title 17, United States Code, Section 512(c)(2) (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notifications of claimed copyright infringement. The DIC Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
John Tydlaska, Esq.
Director, Business & Legal Affairs
DIC Entertainment Corporation
4100 West Alameda Avenue
Burbank, CA 91505
Telephone: (+ International Dialing Code) 818-955-5400
Fax: (+ International Dialing Code) 818-955-5527
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the above Copyright Agent with a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
The United States Copyright Office's Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: