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Welcome to My Animal Family. We hope you will visit us often to play our animal games and enjoy our website. The services we provide on our website are subject to the following terms and conditions, they are the rules that will govern your use of the website. Please read them carefully. Once you agree to the terms to this Agreement, you will be granted access to the My Animal Family website until your access is terminated for reasons outlined in this Agreement.
By creating an account on this site you signify your agreement to these terms of use, which makes it a binding legal agreement. If you do not agree to these terms of use, please discontinue setting up a membership account and exit the website. We reserve the right to change, add, remove or modify portions of these terms at any time.
Please continue to check on these terms periodically to monitor changes and revisions. Your continued use of the My Animal Family website signifies your agreement to all posted terms and conditions and any changes thereof.
PROPERTY OWNERSHIP
All the content found on the My Animal Family web site, including, but not limited to designs, software, texts, images, photographs, illustrations, audio clips, video clips, artwork, animation, trademarks, trade names and other copyrightable elements (collectively "the Property") are protected by international and United States copyright and trademark laws and treaties. Smart Kids Publishing, Inc., its affiliates (including My Animal Family) and licensors, own all rights, title and interest in and to the Property found on this web site. For purposes of this Agreement, the use of the Property on any other web site is prohibited.
The terms of this Agreement do not transfer title of the Property to you or any user of the web site. Smart Kids Publishing, Inc., its affiliates and licensors retain full and complete title to the Property and all intellectual property rights attached thereto.
By downloading software from this web site (including any files, codes, images, and audio clips incorporated in or generated by the software), and data accompanying the software, gives you a non-exclusive, non-assignable, and non-transferable license to use the software and data for your personal, non-commercial home use. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the software and data in a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws. Smart Kids Publishing, Inc., its affiliates and licensors retain full and complete title to the software, data and all intellectual property rights found on this web site.
REGISTRATION AND YOUR ACCOUNT
When you first visit the My Animal Family website, you will be asked to register your child by making up a user name and password. You should not use personal information that can identify your child when selecting a user name. As part of the registration process, you will be asked certain questions about you or your child that will help us to identify your account in case you forget your password or secret identification number. The only personal information we collect is your child's first name, your state of residence and your child's birthday.
You will also be asked to enter the secret code card number found in the My Animal Family book to activate the featured animal's "habitat" (i.e. game site).
It is important that you keep your user name, password and secret code in a safe place offline. Each time your child visits the My Animal Family website, he or she will be required to enter this information to access a habitat. If this information is forgotten or misplaced, your secret code card number will get you on the web site. If you forget your password and lose the secret code card, you may still get on the website by answering the questions you were asked upon registration. If you answer those questions correctly, you will be permitted access to the website.
REGISTRATION PERIOD AND RENEWALS
Once you register your child and you activate a habitat (by entering in the secret code card number) as outlined above, access to the animal habitat will be valid for twelve (12) months following the date that the habitat is activated ("Registration Period"). You may extend or renew this Registration Period and continue to keep the habitat activated for another year by paying an annual "Renewal Fee." Your new Registration Period will commence and continue for another year once the Renewal Fee is paid, and when the previous Registration Period expires. Registration Periods and Renewal Fees are set by My Animal Family in its sole discretion and are subject to change.
ADDITIONAL PURCHASES OF BOOKS
The My Animal Family web site is designed so a child can select from several different "habitats" or game sites to play on. Each habitat is unique and features different animals, games and activities. You may purchase one or all the titles in the series and activate the habitat by entering the secret code that comes with the book.
Each time you purchase a different volume (book) in the My Animal Family book series, you may activate the habitat for that book by entering in the secret code card number as outlined above. As with all volumes, the Registration Period and access to the animal habitat will be valid for twelve (12) months following the date that the habitat is activated. Registration Periods are one year for each volume only and not cumulative. For example, if you purchase 2 volumes and register them at the same time, the Registration Period would be twelve months for each habitat, not a cumulative twenty-four months for each habitat.
Each habitat should be registered under your child's original user name and password. If you register a book with a different user name and password, a new account is established and will not be connected with your previous account. This means that you can only access one habitat at a time and earn points and spend the points on an account-by-account basis. Renewing or extending the term of one account does not renew or extend any other account you have on the website.
EXPIRATION OF REGISTRATION PERIOD
When your Registration Period expires for a particular habitat, you may reactivate the habitat by paying a renewal fee. Further details regarding renewal fees, renewal periods and method of payment, are provided on the website.
My Animal Family reserves the right to suspend any account that has been inactive for a six month period or more. You may reactivate the suspended account by following the simple directions found on this website and as long as the Registration Period has not expired.
NON TRANSFERABLE OF ACCOUNTS AND POINTS
All accounts, user names, passwords, points (earned when child plays games) and virtual items that the child purchases on the web site are not transferable between accounts. The points the child earns playing the games in the various habitats, have no retail or cash value.
PERSONAL, NON-COMMERCIAL USE LICENSE AND RESTRICTIONS
We maintain this website for you and your child's personal enjoyment, benefit, information, education and communication. You may download material displayed on our site for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of this site for any public or commercial purposes including text, images, audio and/or video without our written permission.
More specifically, you may not: a) redistribute, sell or otherwise copy the Property; b) modify, translate or create derivative works based on the Property; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Property to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates the Property.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT, DATA OR THE PROPERTY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT, DATA OR THE PROPERTY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
ELECTRONIC COMMUNICATIONS
When you visit our website or send us emails, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We communicate to our customers by email or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
COPYRIGHTS
All content included on the website, such as text, graphics, logos, images, digital downloads, data compilations, audio clips, video clips and software, is the property of Smart Kids Publishing, Inc., its affiliates or its content suppliers and is protected by United States and International copyright laws. All the software used on this site is the property of Smart Kids Publishing, Inc., its affiliates or its software suppliers and is protected by United States and International copyright laws.
TRADEMARKS
The trademarks, logos and service marks displayed on this website, unless otherwise specified, are either the registered and unregistered trademarks of Smart Kids Publishing, Inc., its affiliates or used under license. Nothing contained in this site should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on this site without the written permission of Smart Kids Publishing, Inc., its affiliates or any third party that may own the trademark displayed on this site. Your misuse of the trademarks displayed on this site, or any other content on this site, is strictly prohibited. You are hereby advised that Smart Kids Publishing, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law.
AGE RESTRICTIONS
My Animal Family does offer products for children, but it provides them to adults, who can fill out the order form and who can pay for the shipping and order processing charge with a credit card. Children under 18, may use our website only with the involvement of a parent or guardian. My Animal Family reserves the right to refuse service, terminate accounts, remove or edit contents, or cancel orders in its sole discretion.
YOUR ACCOUNT & SECURITY
You are responsible for maintaining the confidentiality of your account, user name, password, secret code and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, secret code or password. If you forget or lose your secret code or password, please refer to the REGISTRATION & YOUR ACCOUNT section above.
You or your child should never disclose your secret code or password for any reason. No one at My Animal Family will ever ask you to disclose this information for any reason. To insure security of your account, you should always (1) make your password hard to guess by using both letters and numbers in your pass code, (2) never give out your secret pass code, (3) exit from your account at the end of each session and (4) notify My Animal Family of any unauthorized use of your account or any other suspected breach of security. We are not responsible or liable for any loss or damage arising from your failure to comply with this section.
PROPER USE OF THIS WEBSITE
We maintain this website for you and your child's personal enjoyment and benefit and it is intended to be used in a safe and enjoyable fashion. The following rules and guidelines will help you and your child have an enjoyable online experience using this website:
- Do not attempt to circumvent the security systems of the website;
- Do not attempt to gain access to the website in a fraudulent manner, including but not limited to using fraudulent secret codes;
- Do not attempt to gain access to any other user's accounts;
- Do not attempt to ascertain any other user's password, secret codes and/or personal information by any means whatsoever, including without limitation, by use of any website or by e-mail communication;
- Do not attempt to use the website for any purposes other than those intended by My Animal Family as determined by My Animal Family in its sole discretion; or
- Do not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
DISCLAIMER OF WARRANTIES
You expressly agree that you use this site at your own risk. Neither Smart Kids Publishing, Inc., nor any other party involved in creating, producing or delivering the site, is liable for any direct, incidental consequential, indirect or punitive damages arising out of your access to or use of the site. Without limitation, everything on this site is provided to you on an "AS IS" and an "AS AVAILABLE" basis, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Certain state laws and jurisdictions may not allow exclusion of implied warranties or the exclusion or limitation of certain damages. Some of the above exclusions, disclaimers or limitations may not apply to you. You may have additional rights.
We do not warrant that the functions contained in the content on this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make the content available are free of viruses or other harmful components. We are not responsible or liable for any infections or contaminations of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this site. We do not warrant or make any representations regarding the use of the results of the content in terms of their correctness, accuracy, reliability, or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity or any content rests with you and you assume the entire cost of all necessary servicing, repair, or correction. We further reserve the right, solely in our discretion, to modify and/or discontinue the site at any time without notice, and to terminate your user name, password, secret code, and account, should you be in violation of this user agreement.
Applicable law may not allow the exclusion of express or implied warranties, so certain of the above exclusions may not apply to you. You may also have other legal rights which vary from state to state and jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
Smart Kids Publishing, Inc. or its affiliates are not liable for any negligence, personal injury or any direct, indirect, incidental, special or consequential damages, including, without limitation, damages for loss of profits, loss of data, or business interruption under any legal theory (tort, contract or otherwise), that result from use of, or the inability to use, the software, content or functions available through the website, even if we have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any terms of use, software or content on the website, your sole and exclusive remedy is to discontinue using the website. Without limiting the foregoing, in no event shall our total liability to you for all damages, losses and causes of action, exceed the amount paid by you to My Animal Family for accessing the website or $50, whichever is less.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold Smart Kids Publishing, Inc. and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
VIRUSES
My Animal Family assumes no responsibility and shall not be liable for any damages cause from viruses that may infect your computer equipment or other property as a result of accessing, browsing, downloading or by any other use of our website.
LINKS
My Animal Family has not reviewed nor given permission to all the sites linked to our website. Therefore, we are not responsible for the content of any off-site pages or any other sites linked to our site. Your linking to any other off-site pages or other sites is at your own risk and the fact that there is a link to My Animal Family site should not be construed as an endorsement of either the linked site's content or sponsors.
JURISDICTION
My Animal Family is operated from its offices and servers located in San Diego, California. We make no representation that our website is appropriate or available for use in any particular location. Those who choose to use website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
TERMINATION
The terms of this Agreement are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access and use any or all website activities and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account. You may terminate this Agreement at any time by discontinuing use of website, and canceling your user account.
SUBMISSIONS
All creative submissions, suggestions, ideas, concepts, artwork, drawings, designs, or other information of any nature (collectively, the "Information"), submitted by you to My Animal Family, shall be deemed to be, and shall remain, the property of My Animal Family. You shall be deemed to have irrevocably assigned all of your worldwide right, title and interest in and to such Information to My Animal Family, and waive any "moral" or author's rights therein. None of the Information you submit to My Animal Family shall be subject to any obligation of confidence on the part of My Animal Family, and we shall not be liable for any use or disclosure of all or part of the Information. Without limiting the foregoing, My Animal Family shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the world, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
PRIVACY POLICY
Use of any information gathered during, or by, your use of this web site shall be governed by the privacy policy set forth on the My Animal Family web site. By using this web site, you signify your agreement to the privacy policy. If you do not agree to the privacy policy, do not use the web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the privacy policy at any time. Changes shall be posted on website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.
CHANGES & MODIFICATION TO AGREEMENT
ENTIRE AGREEMENT
This Agreement contains the entire understanding between us with respect to your use of this website and shall not be modified without the express written permission of My Animal Family. These terms shall be governed by and construed in accordance with the laws of the State of California, United States. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in San Diego, California, United States and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
(mafkidsclub.com) is a safe and secure family website. We are committed to providing families with an educational, fun, entertaining and a safe online experience. Our goal is that, every person who visits our website will have a rewarding online experience. We are also dedicated to safeguarding any personal information we collect online and strive to protect an individual's privacy when he or she uses our website.
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