We know parents are busy, so what follows is a brief summary of the rules for your
family’s use of SproutOnline.com. In order to access and use SproutOnline.com, it
is necessary for you to agree to all of the terms and conditions for SproutOnline.com.
-
All of the games, activities, recipes, and other features on SproutOnline.com are
here for you to enjoy with your preschooler. Features that are directed to parents
and legal guardians (for example, uploading of photographs and entering contests)
are for parents and legal guardians only. Only you, and not your children, should
be sending us information or submitting materials to SproutOnline.com.
-
All of the elements of SproutOnline.com, including the features, activities, content,
and software, are the sole property of Sprout and may be used by you only for your
personal, noncommercial use.
-
Anything you submit to SproutOnline.com, including your family’s photographs and
artwork, or your blog entry, may be used by Sprout anywhere, at any time, including
on SproutOnline.com, PBS KIDS Sprout television programming, and in promotional
materials. This means that your family’s creations could be on TV! However, Sprout
does not intend to disclose materials that you upload to be available only on your
personal web page on this Website (such as materials posted to your “My Sprout”
page).
-
We would like your family’s experience on SproutOnline.com to be safe, educational,
and user-friendly. If you ever see something on SproutOnline.com that does not meet
those expectations, please let us know. We strive to provide a positive and fun
experience for families.
Keep reading…
Welcome to SproutOnline.com (“SproutOnline.com” or “Website”), the official website
of PBS KIDS Sprout, an entity of Children’s Network, LLC (“Sprout”). Your use of
this Website is expressly conditioned on your acceptance of and agreement to this
Terms of Use Agreement (the "Agreement"). This Agreement sets forth the terms and
conditions which apply to your use of this Website. By using this Website, you agree
to abide by this Agreement. In addition, when using specific services or features,
you agree to abide by any guidelines or rules posted in connection with such services
or features, all of which are hereby incorporated by reference into this Agreement.
If you do not agree with any posted guidelines or rules, or with any part of this
Agreement, you must not use this Website. Sprout reserves the right to modify this
Agreement at any time. Your continued use of this Website following the posting
of any changes to this Agreement means that you accept and agree to abide by such
changes. If you do not comply with this Agreement at all times when using this Website,
Sprout reserves the right to deny or restrict your access to this Website. The terms
and conditions of this Agreement shall apply regardless of the means by which this
Website was accessed, including, but not limited to, through the URL address, electronic
mail, or links from other websites. Users who are under 18 years old may use the
areas of this Website not directed only to parents or legal guardians if a parent
or legal guardian consents to such user’s use of this Website, assumes the obligations
provided in this Agreement, and assumes full responsibility for such user’s use
of this Website. If you are the parent or legal guardian of a user of this Website
who is under 18 years old, you consent to such user’s use of this Website, assume
the obligations provided in this Agreement, and assume full responsibility for such
user’s use of this Website.
Use of Sprout’s Website
By using SproutOnline.com, you agree that:
- Your use of this Website, including, without limitation, any of its elements or
content, is solely for your own noncommercial use and benefit.
- You will not interfere with any other user's use and enjoyment of this Website.
You will not use this Website or the information contained therein in unsolicited
mailings or spam material. In particular, you will not use any of our trademarks,
trade names, service marks, copyrights, or logos in unsolicited mailings or spam
material. You will not spam or send unsolicited mailings to any person or entity
using this Website.
- You will not submit, post, upload, distribute, or otherwise make available any Submission
(as defined below) that contains, in the opinion of Sprout: (1) personal information
about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively
violent, offensive, or otherwise objectionable or unlawful material; (3) material
that could harm minors; (4) any material that infringes any intellectual property
or other proprietary rights of any person or entity, or any right of any person
or entity; or (5) any information intended to promote and/or generate revenue for
any third party business activity.
- You have all necessary rights, including, but not limited to, intellectual and other
proprietary rights, in and to all Submissions you provide and all materials they
contain.
- You will not delete any legal notices, proprietary notices (including trademark
or copyright symbols), or disclaimers, or modify any logos that you do not own or
have written permission to modify.
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity, including, but not limited to, by using
another person’s username, password, name, likeness, voice, or photograph. You will
not submit any personal information to this Website, about yourself or others, that
is not accurate and truthful.
- When using features on this Website that allow you to communicate with others, you
will, in the opinion of Sprout: (i) not upload or send any message that is unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene,
indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or
otherwise objectionable; (ii) not upload or send any commercial, promotional, or
solicitation information; and (iii) remain friendly and treat all recipients with
respect. You will immediately cease using Website features to communicate with recipients
who have requested not to receive communications from you.
- You will not use this Website for any unlawful purpose, including engaging in (or
attempts to engage in) any criminal activity including, but not limited to, child
pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit
any criminal activity. You agree that your use of this Website will not harm minors
in any way.
- You will not submit, post, upload, distribute, or otherwise make available any material
that may contain a computer virus or other harmful material, or otherwise impair,
interrupt, destroy or limit the functionality of any computer software, hardware,
or telecommunications equipment.
- You will not attempt to gain unauthorized access to Sprout's computer systems. You
recognize that not all areas of this Website may be available to you.
Sprout cannot and does not guarantee that other Website users will comply with the
rules above.
Proprietary Rights
Title and intellectual property rights to this Website and content on this Website
are owned by Children’s Network, LLC, its agents, suppliers, or affiliates or their
licensors or otherwise by the owners of such material and are protected by copyright
laws and treaties. Trademarks, trade names, service marks, copyrights, and logos
of Children's Network, LLC, including, without limitation, "Sprout," the SproutOnline.com
name, the SproutforParents.com name, the SproutSmart.com name, "Let's Grow!", "The
Let's Go Show", "Sunny Side Up Show", and "The Goodnight Show" may not be used or
copied in any manner without the express prior written consent of Sprout or except
as specifically provided herein. All other trademarks, trade names, service marks,
copyrights, and logos appearing on this Website are the property of their respective
owners. Except as specifically provided herein, the copying, redistribution, reselling,
or publication of any part of this Website without express prior written consent
from Children’s Network, LLC or other owner of such material is prohibited. In particular,
except as specifically provided herein, Sprout prohibits the use, copying, distribution,
transmission, display, performance, or exploitation in any form or manner of any
and all content on this Website (which includes, without limitation, any and all
articles, text, graphics, logos, advertisements, video clips, music clips, still
photographs, and software) without Sprout's express prior written consent. Further,
the computer code that Sprout creates to generate its Website pages is protected
by copyright and any copying or adapting of such code is strictly prohibited. Sprout
hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable,
and non-transferable limited license to use and display, for your noncommercial
and personal use only, one copy of any content that you are authorized to download
from this Website, including, without limitation, any files, codes, audio, or images
incorporated in or generated by software on this Website, provided that you maintain
all copyright and other notices contained in such material.
Registration
To access certain areas or features of this Website, you may be asked to register
and to provide Sprout with certain information about yourself. Should you choose
to register on this Website, you hereby represent, warrant, and covenant that: (i)
you have the power and authority to enter into this Agreement; and (ii) you are
at least eighteen (18) years old. For information about our privacy practices, click
here for our Privacy Policy. You are responsible
for providing Sprout with true, accurate, and updated information about yourself.
If you provide any information that is untrue or inaccurate, or which Sprout reasonably
believes is untrue or inaccurate, Sprout reserves the right to suspend or terminate
your use of this Website.
You shall not use a username or password that Sprout, in its sole discretion, deems
offensive or inappropriate. Sprout reserves the right to deny creation of your account
based on Sprout's inability to verify the authenticity of your registration information.
You shall be solely responsible for maintaining the confidentiality of your password.
You shall immediately email us at info@sproutonline.com
to notify us of any known or suspected unauthorized use(s) of your account, or any
known or suspected breach of security, including loss, theft, or unauthorized disclosure
of your password. You are fully responsible for all usage and activity on your Sprout
account, including, but not limited to, use of the account by any third party authorized
by you to use your username and password. The use of your account by any individual
under age eighteen (18) is strictly prohibited. If the computer system on which
you accessed this Website is sold or transferred to another party, you warrant and
represent that you will delete all cookies and software files obtained by or through
use of this Website. You may terminate your account at any time by contacting us
at info@sproutonline.com . Notwithstanding
anything else herein, Sprout reserves the right to pursue any and all claims against
any user of your account. You agree to maintain only one account at any time and
certify that you currently have no other account(s) with this Website.
Submissions
Sprout is pleased to hear from its users and welcomes your comments regarding this
Website. However, Sprout does not consider creative ideas, suggestions, or materials
other than those it has specifically requested. This policy is designed to avoid
misunderstandings if projects developed by Sprout's professional staff seem to others
to be similar to their own creative work. Accordingly, Sprout requests that your
comments relate to those services and products offered by Sprout, and that you not
submit any creative ideas, suggestions, or materials.
If you send, submit, upload, post, or otherwise make available comments or submissions,
including, without limitation, postings to blogs, contest or sweepstakes entries,
digital artworks, photographs, messages to other SproutOnline.com users, your child’s
original work in the form of a birthday card, craft or other creative entry including,
without limitation, any accompanying drawing, photograph, voice, actions, likeness,
child’s first name, child’s age, and child’s city and state of residence, or unsolicited
creative ideas, suggestions, or materials (each a "Submission" and collectively,
the "Submissions"), the Submissions shall be deemed, and shall remain, the property
of Sprout. None of the Submissions shall be subject to any obligation of confidence
on the part of Sprout and Sprout shall not be liable for any use or disclosure of
any Submissions.
You hereby consent to the use and reuse by Sprout, and any of its respective licensees,
designees, assignees, parents, subsidiaries, or affiliated entities and each of
their respective employees, agents, representatives, offices and directors (collectively
"Releasees") of your Submission, as edited, altered, or modified by the Releasees
and that Releasees shall exclusively own all right, title, or interest in the Submission,
in any and all media now known or hereafter devised, in any and all versions, worldwide
in perpetuity. You agree the Releasees may use all or any part of the Submission,
and may alter or modify it, including regardless of whether or not your child is
recognizable. You further agree that Releasees may use the Submission in connection
with any promotion, publicity, marketing or advertisement for Sprout or Sprout’s
programming service. You grant the rights hereunder whether or not your Submission
is selected. You agree to release, defend, indemnify and hold harmless Releasees
from any and all claims, actions, lawsuits, liabilities, and expenses arising out
of or relating to their recording or use of the Submission. You agree not to make
any claim again Releasees as a result of the use or non-use of the Submission (including,
without limitation, any claim that such use invades any right of privacy and/or
publicity). You understand that you will not be paid any money or receive any form
of compensation for giving Releasees these rights, or for agreeing to this Agreement.
You certify that the Submission is original and that Sprout’s use of the Submission
will not violate any rights of any other person or entity, including, without limitation,
any copyright rights. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS
PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU. You
represent that you are the parent and/or legal guardian of the minor named in the
image label created which may accompany the Submission, or who may appear in the
Submission, and have read this paragraph regarding Submissions prior to uploading,
submitting, or sending any Submission, and you are fully familiar with the contents
of the Submission. Notwithstanding anything to the contrary in this paragraph, Sprout
does not intend to disclose any Submissions you submit, post, upload, or otherwise
make available only to your customized web page on this Website.
Sprout reserves the right, in its sole discretion, to delete, take down, or refuse
to post or otherwise make public any Submissions. Without limitation of the foregoing,
Sprout shall have the right to use and change the Submissions in any manner that
Sprout may determine. You acknowledge that Sprout may or may not pre-screen Submissions,
but Sprout and its designees shall have the right (but not the obligation) in their
sole discretion to pre-screen, refuse, or remove any Submissions. Sprout may, in
its sole discretion, monitor the Submissions of all users, but Sprout cannot be
responsible for the views or opinions expressed. Sprout neither endorses the contents
of any user communications or Submissions nor assumes responsibility for any material
contained therein, any infringement of any intellectual property rights arising
therefrom, or any crime facilitated thereby. Sprout may delete or terminate, in
its sole discretion, any and all information, communication(s), and/or Submissions,
at any time, without notice, for any reason, including without limitation, online
conduct that it believes is harmful to other users, the business of Sprout, its
affiliates, or other third-party information providers, or for conduct that violates
this Agreement or other policies or guidelines set out by Sprout elsewhere on this
Website.
Links
This Website may contain hyperlinks to external locations (e.g., other websites)
controlled by third parties. These links are provided solely as a convenience to
you, and do not imply an endorsement by Sprout or that any affiliation exists between
Sprout and the linked website. You agree that Sprout is not responsible for the
availability of these external locations, or other content including, without limitation,
solicitations thereon or products or services made available thereby. Sprout has
not necessarily reviewed, and does not necessarily endorse, content at linked websites,
and is not responsible for such content or for your use of such content. You acknowledge
that some external locations may contain material or communications which are unedited,
untrue, or illegal in some jurisdictions or that may be offensive. You agree to
access external locations at your own risk and not to permit minors to have access
to inappropriate material. You agree that Sprout shall not be held responsible or
liable, directly or indirectly, for any loss or damage caused or alleged to have
been caused in any way whatsoever related to any such external location. Any concerns
regarding any external location should be directed to its respective website administrator,
system operator, or web master.
Disclaimer
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
DEALING AND/OR TRADE USAGE. SPROUT DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED
OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER
MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW.
SPROUT DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS
REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH
OR IN CONJUNCTION WITH SPROUTONLINE.COM OR ANY OTHER SPROUT WEBSITE. NEITHER SPROUT
NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS
MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY,
OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY SPROUTONLINE.COM. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS
DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND
ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE
EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION
THE USER OBTAINS FROM SPROUTONLINE.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED
THROUGH THE USE OF THIS WEBSITE IS UPLOADED AT THE USER'S OWN RISK. THE USER WILL
BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH
THE USE OF SPROUTONLINE.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL SPROUT, ITS AFFILIATES, PARENT, SUBSIDIARIES,
INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES,
AGENTS OR LICENSORS (COLLECTIVELY, "THE SPROUT PARTIES"), BE LIABLE, REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER
NO CIRCUMSTANCES AND IN NO EVENT SHALL SPROUT OR ANY OF THE SPROUT PARTIES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY
TO USE, THIS WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED,
UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE), EVEN IF ANY SPROUT PARTY HAS BEEN ADVISED OF (OR IF ANY SPROUT PARTY
IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION,
UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL SPROUT
PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF,
OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID
BY THE USER, IF ANY, TO ACCESS SPROUTONLINE.COM.
Indemnification
You the user agree to indemnify and hold harmless, and at Sprout’s request, defend
Sprout and the Sprout Parties and their respective parents, subsidiaries, affiliates,
partners, agents, employees, directors, officers, shareholders, members, and other
owners, from and against any and all claims, actions, demands, liabilities, losses,
damages, judgments, penalties, settlements, costs and expenses (including reasonable
attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such
Losses (or actions in respect thereof) arise out of, are based on, or relate to:
(i) your use of this Website; (ii)use of this Website by anyone using your computer
or your account; (iii) a violation of this Agreement by you or anyone using your
computer or your account; (iv) any unauthorized deletions, additions, insertions
or alterations to, or any unauthorized use of, this Website by you or someone using
your computer or your account; or (v) any misrepresentation of any information,
representation or warranty, or breach of this Agreement or any other covenant or
agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against
Sprout or any Sprout Party based on your conduct or use of this Website or that
of someone using your computer or account, you agree to compensate Sprout and all
Sprout Parties (including their respective officers, directors, employees and agents)
for any and all Losses in connection with any such claim, lawsuit or proceeding.
Independent Investigation
Sprout reserves the right to investigate suspected violations of the terms and conditions
of this Agreement whenever Sprout becomes aware of possible violations. Such an
investigation may include gathering information from the user and the complaining
party and reviewing materials on Sprout’s servers and systems. During an investigation,
Sprout may remove any and all disputed material from Sprout’s servers and systems.
If Sprout believes, in its sole discretion, that a violation of the terms or conditions
of this Agreement has occurred, Sprout may take any action it deems appropriate
under the circumstances known to it, which may include removal of material from
Sprout’s servers and systems, warnings, and/or suspension or termination of user
account(s). Violations also could subject users to criminal or civil liability.
Jurisdictional Issues/Governing Law
This Website is controlled and operated by Sprout from within the United States
of America, and is intended for use only by residents of the United States. Sprout
makes no representations or warranties that the content or materials of this Website
are appropriate or lawful in any foreign countries, or that any items offered for
sale through links on this Website will be available outside the United States.
Those who choose to access this Website 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. You may not use or export or re-export any content downloaded
from SproutOnline.com or any copy or adaptation of such content, in violation of
any applicable laws or regulations, including without limitation United States export
laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects
be governed by and construed in accordance with the laws of the United States and
the Commonwealth of Pennsylvania, U.S.A., without giving effect to any principles
of conflicts of laws. This Agreement shall not be governed by the United Nations
Conventions of Contracts for the International Sale of Goods, the application of
which is hereby expressly excluded from any interpretation of this Agreement. It
is hereby agreed that any action at law or in equity arising under this Agreement
and/or your use of this Website shall be finally adjudicated or determined in any
court or courts of the Commonwealth of Pennsylvania or of the United States of America,
in Philadelphia County, Pennsylvania, and the parties hereto hereby submit generally
and unconditionally to the personal and exclusive jurisdiction and venue of these
courts in respect to any such matter and consent to service of process by any means
authorized by Pennsylvania law.
Acceptance
Your use of this Website constitutes acceptance of this Agreement. You hereby waive
any and all defenses you may have based on the electronic form of this Agreement
and lack of signing or other form of electronic execution by the parties hereto.
You agree to abide by the terms and conditions of this Agreement and any additional
terms, conditions, rules, or procedures imposed by Sprout or by third-party content
providers in connection with content, software, or services available on, through
or in connection with this Website.
Amendments
Sprout reserves the right to automatically amend this Agreement at any time by posting
the amended terms and conditions to this "Terms of Use" section of this Website.
Such amendments will be effective when posted.
Acts of God
Sprout shall be excused from its obligations for any period to the extent that Sprout
is prevented from performing, in whole or in part, its obligations under this Agreement,
as a result of any acts of God, any action(s), regulation(s), order(s) or request(s)
by any governmental or quasi-governmental entity (whether or not the action(s),
regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other
communications failure, equipment failure, earthquake, war, fire, flood, explosion,
unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal
or illegal) labor or material shortage, transportation interruption of any kind,
work slow-down, civil disturbance, insurrection, riot, foreign or domestic court
order, third party non-performance (including the acts or omissions of any suppliers,
agents, or subcontractors) or any other cause beyond Sprout's reasonable control
affecting production or delivery in any manner, including failure or fluctuations
in electrical power, heat, light, air conditioning or telecommunications equipment
or lines or other equipment, whether electronic or otherwise.
Waiver
Sprout's failure to enforce strict performance of any provision of this Agreement
will not constitute a waiver of Sprout's right to subsequently enforce such a provision
or any other provision of this Agreement, nor will any delay or omission on the
part of Sprout to exercise or take advantage of any right or remedy that Sprout
has or may have hereunder operate as a waiver of any right or remedy.
Severability
In the event that any of the provisions of this Agreement shall be held by a court
or other tribunal of competent jurisdiction to be invalid or unenforceable, the
remaining portion hereof shall remain in full force and effect and such provision
shall be enforced to the maximum extent possible so as to effect the intent of the
parties and shall be reformed to the extent necessary to make such provisions valid
and enforceable.
Headings
Division of this Agreement into sections and the use of headings is for convenience
of reference only and shall not modify or affect the interpretation or construction
of this Agreement, or any provision hereof.
Entire Agreement
This Agreement constitutes the entire agreement between you and Sprout concerning
the subject matter contained herein and supersedes all prior or contemporaneous
representations, proposals, conditions, communications, and agreements, whether
oral or written, between the parties relating to the subject matter herein and all
past courses of dealing or industry custom. The subject matter herein may not be
modified except by Sprout.
Copyright Compliance
Sprout respects the intellectual property of others, and we ask that our users do
the same. If you have a good-faith reason to believe that material on this Website
infringes a copyright that you own, or if your intellectual property rights have
been otherwise violated by material posted on this Website, then you may notify
Sprout using the procedures set forth below.
Send your notice of infringement to our designated agent:
Adrienne Byrd
PBS KIDS Sprout
One Comcast Center
Philadelphia,
PA
19103
Telephone: (215) 286-8741
Fax: (215) 286-1046
Your notice must be in writing and include the following information:
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
- A description of the copyrighted work that is alleged to have been infringed, including
the electronic location, such as the URL (i.e., the website address), where the
copyrighted work exists, or a copy of the copyrighted work;
- An identification of the URL web address on SproutOnline.com or other specific location
where the allegedly infringing material is located;
- The address, telephone number, and email address of the notifying party;
- A statement by the notifying party that it has a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
- A statement by the notifying party, made under penalty of perjury, that the above
information in the notice is accurate and that the notifying party is the copyright
owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY
BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER,
ALLEGED INFRINGER, OR SPROUT AS A RESULT OF SPROUT’S RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Sprout may expeditiously remove or block access
to the allegedly infringing material, and notify the user who posted the material
that we have taken such action. If you, as the user, receive a notice that material
has been blocked, and believe that this material was removed by mistake or misidentification,
you may submit a written counter-notification to our designated agent which must
include:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been
disabled and the location on this Website at which the material appeared before
it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent
to the jurisdiction of a Federal District Court for the judicial district in which
your physical address is located, or if your address is outside of the United States,
for any judicial district in which the service provider may be found, and that you
will accept service of process from the person who provided notification of copyright
infringement or an agent of such person.
Revised and Effective: March 31, 2008
Legal Info as of October 1, 2009
PBS KIDS Sprout
- For materials produced by Sprout:
- © 2009 Children’s Network, LLC. All rights reserved. Sprout and the Sprout logo are service marks of Children’s Network, LLC. PBS KIDS is a registered trademark of the Public Broadcasting Service and is used with permission.
- For materials produced by our partners:
-
- English:
- Sprout and the Sprout logo are service marks of Children’s Network, LLC. PBS KIDS is a registered trademark of the Public Broadcasting Service and is used with permission.
- Spanish:
- Sprout y el logotipo de Sprout son marcas de servicio de Children’s Network, LLC. PBS KIDS es una marca registrada por Public Broadcasting Service y esta usado con permiso.
- The Good Night Show®:
- The Good Night Show® and associated characters, trademarks and design elements are owned by Children’s Network, LLC. All Rights Reserved.
- Other Sprout Originals:
- The Sprout Sharing Show®, The Let’s Go Show® and The Sunny Side Up Show® and their associated characters, trademarks and design elements are owned by Children’s Network, LLC.
- Doggity Diner
- Doggity Diner and associated characters, trademarks and design elements are owned by Doggity's Diner Inc. and Children’s Network, LLC. All Rights Reserved.
- Noodle and Doodle
- Noodle and Doodle™ and associated characters, trademarks and design elements are owned by Children’s Network, LLC. All Rights Reserved.
Sesame Workshop
- Sesame Street®:
- Domestic and International Standard Notice without Sesame Workshop logo Sesame Street® and associated characters, trademarks and design elements are owned and licensed by Sesame Workshop.
© 2009 Sesame Workshop. All Rights Reserved.
- Domestic and International Standard Notice without Sesame Workshop logo (Spanish):
- Sesame Street® y los caracteres asociados, marcas de registro, y elementos de diseño son propios y licenciados por Sesame Workshop.
© 2009 Sesame Workshop. Todos los derechos reservados.
- Domestic and International Standard Notice with Sesame Workshop logo:
- Sesame Workshop®, Sesame Street® and associated characters, trademarks and design elements are owned and licensed by Sesame Workshop.
© Sesame Workshop. All Rights Reserved.
- Play with Me Sesame®:
- Sesame Workshop® Sesame Street® and associated characters, trademarks, and design elements are owned and licensed by Sesame Workshop.© 2009 Sesame Workshop All Rights Reserved “Play With Me Sesame” is a trademark of MTV Networks, a division of Viacom International, Inc.
- Sesame Street®:
- and associated characters, trademarks, and design elements are owned and licensed by Sesame Workshop.© 2009 Sesame Workshop. All Rights Reserved.
PBS
- Berenstain Bears®:
- The Berenstain Bears TM Berenstain Enterprises Inc. Berenstain Bears Series© 2009 Nelvana Limited/Corus Entertainment Inc. All rights reserved.
- Caillou™:
-
- Long:
- © 2009 COOKIE JAR ENTERTAINMENT INC. CAILLOU™ is a trademark of Les Editions Chouette. Used under license by COOKIE JAR ENTERTAINMENT INC. All rights reserved.
- Short:
- © 2009 COOKIE JAR ENTERTAINMENT™ Les Editions Chouette.
- Alternative:
- © 2009 COOKIE JAR™Ed. Chouette
- Mama Mirabelle™:
- © 2009 NGAF, Inc. All rights reserved. NATIONAL GEOGRAPHIC, YELLOW BORDER, and the National Geographic Kids logo are trademarks of National Geographic Society. Mama Mirabelle's Home Movies is a trademark of National Geographic.
- Franny's Feet™:
- © 2009 DECODE/Franny Productions 2, Inc.
- SUPER WHY
- © 2011 Out of the Blue Enterprises LLC. All rights reserved. SUPER WHY and all related titles, logos, and characters are trademarks of Out of the Blue Enterprises LLC
- Zoboomafoo™:
- Zoboomafoo property© and ™ PBS
HIT ENTERTAINMENT
- Angelina Ballerina™:
-
- English:
- © 2009 Helen Craig Ltd. and Katharine Holabird.
- Spanish:
- El nombre de Angelina Ballerina, el personaje, y el logo de Angelina bailando, son marcas registradas de HIT Entertainment Ltd, Katherine Holabird y Helen Craig.
Reg. U.S. Pat. & Tm. Off.
- Barney & Friends™:
- © 2009 Lyons Partnership, L.P.
- Bob the Builder™:
-
- English:
- © 2009 HIT Entertainment Limited and Keith Chapman.
- Spanish:
- © 2009 HIT Entertainment Limited y Keith Chapman. El nombre y personaje de Bob el Constructor, personajes relacionados y insignia clavada son marcas registrados por HIT Entertainment Limited.
Reg. U.S. Pat. & Tm. Off. y en otros paises.
- Fifi and the Flowertots™:
- Fifi and the Flowertots™© 2009 Chapman Entertainment Limited. All Rights Reserved.
- Fireman Sam™:
- Fireman Sam™© 2009 Prism Art & Design Limited.
- Kipper™:
- Kipper™© 2009 HIT Entertainment Limited and Mick Inkpen
- Pajanimals:
- Pajanimals © 2009 The Jim Henson Company.
PAJANIMALS mark & logo, characters and elements are trademarks of The Jim Henson Company. All Rights Reserved.
- Thomas & Friends™:
- Thomas the Tank Engine & Friends™© 2009 Gullane (Thomas) Limited. Based on The Railway Series by The Reverend W Awdry.
- Roary the Racing Car®:
- © Chapman Entertainment Limited & David Jenkins 2009
- The Rubbadubbers:
- © 2009 HIT Entertainment Limited
TAFFY ENTERTAINMENT
- Dive Olly Dive™
- © 2009 Mike Young Productions Ltd. Dive Olly Dive are trademarks and servicemarks of Mike Young Productions Ltd. All Rights Reserved.
MISCELLANEOUS
- iPod® and iTunes® are registered trademarks of Apple Inc.
- iPhone™ is a trademark of Apple Inc.
- Mighty Jungle © 2009 Halifax Film Inc.
- PICME ™ © and ® Jam Media Ltd. All rights reserved
- The Wiggles: © 2009 The Wiggles Pty Ltd.
- ©dirtgirlworld productions pty ltd/DECODE Dirtgirl Productions Inc. 2009
- Chloe’s Closet © 2010 Mike Young Productions Ltd., KI.KA, ARD, European Film Partners B.V, Telegael Teo. All Rights Reserved.
- Certain content on this website may be under license from PixFusion, LLC.