PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). NICK JR. BOOST is an educational online subscription service brought to you by the creators of Nick Jr. (the "Service"). This Site at NickJrBoost.com is fully controlled and operated by Nick Jr. Boost, an online service of MTV Networks, a division of Viacom International, Inc ("NickJrBoost.com"). By accessing and using this Site and the Service, you agree to be legally bound by the terms and conditions set forth herein (the "Agreement"). If you do not agree with all of the terms of this Agreement, please do not use this Site or the Service.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms of this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement. Your continued use of the Site and/or Service following the posting of changes and/or modifications will constitute your acceptance of the revised Agreement.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of NickJrBoost.com 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. NickJrBoost.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial 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, perform, publish, 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 NickJrBoost.com. Use of NickJrBoost.com and/or its licensors' Material is only permitted with their express written permission.
PAYMENT & SERVICES
You agree to pay NickJrBoost.com the applicable subscription charges for your use of the Services, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize NickJrBoost.com to automatically bill the charge card you provide each month or on each applicable subscription period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Service. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable membership period, if not monthly. All payments are completely non-refundable. You may cancel the Service at any time, but NickJrBoost.com will not refund any remaining portion of your membership fees, including any minimum commitments, already billed to your account. You agree to provide NickJrBoost.com with a valid credit card and accurate, complete and updated information required by the membership registration form. Failure to comply may result in the immediate termination of Service.
You are responsible and liable for any fees, including attorney and collection fees, that NickJrBoost.com may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding commitment remaining on your membership if you cancel or terminate the Service. You agree to notify NickJrBoost.com about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to NickJrBoost.com's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
NickJrBoost.COM'S RIGHT TO TERMINATE OR MODIFY SERVICES
NickJrBoost.com may modify the terms of this Agreement or the Service, including but not limited to the price, content or nature of the Service, upon notice to you. In the event NickJrBoost.com modifies the Agreement or the Service, you may terminate the Service. NickJrBoost.com may terminate this Agreement and the Service at any time upon notice to you, provided that you will be entitled to receive the Service for any period for which you have already paid, or a pro-rata refund, at NickJrBoost.com's sole discretion. NickJrBoost.com may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from NickJrBoost.com to effect such termination. Upon any termination of this Agreement (whether by you or NickJrBoost.com), you shall immediately discontinue use of the Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
SERVICE USE RESTRICTIONS
You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdictions in which you use the Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Service; (iii) rent, lease, transfer, or otherwise transfer rights to the Service; and/or (iv) remove any proprietary notices or labels on the Service. You may only use the Service for your private, non-commercial use. You may not use the Service in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means. In addition to any other remedies available in equity or law to NickJrBoost.com and NickJrBoost.com's content suppliers, failure to comply with any of the terms and conditions in this Section shall immediately terminate your right to use the Service.
PERSONAL INFORMATION AND PRIVACY
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify NickJrBoost.com immediately of any unauthorized account use. NickJrBoost.com is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
To let you know what new products are available from time to time, NickJrBoost.com will send you e-mail describing the latest product(s) and how to get access to such product(s). You agree that as a Service subscriber, NickJrBoost.com may send such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from NickJrBoost.com. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NickJrBoost.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising 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 rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NICKJRBOOST.COM, ITS AFFILIATES, AND THEIR 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 NICKJRBOOST.COM OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall NickJrBoost.com'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.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or banners generated by NickJrBoost.com and/or third parties does not constitute endorsement by NickJrBoost.com, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites nor does NickJrBoost.com verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, NickJrBoost.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither NickJrBoost.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, under no circumstances will NickJrBoost.com be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
- Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
- Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
You agree to indemnify, defend and hold harmless, NickJrBoost.com, its affiliates, 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 this Agreement by you. NickJrBoost.com 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 NickJrBoost.com in asserting any available defenses.
NickJrBoost.com operates and controls this Site from its offices at 1515 Broadway, New York, New York 10036, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
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 and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.
If you believe that any content on the Site violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
For your information, this page was last updated on March 22, 2013.