Nickelodeon Terms of Use

                                              NICKELODEON TERMS OF USE

Now for the legal part! So everybody knows the rules for Nickelodeon online…be sure to get your parents to review and discuss these rules with you!

1. All the toys, videos and games here are just for you to play with. You can't sell them, give them to anyone, or pretend you made them!
2. If you see something you don't like, remember all the comments come straight from other kids, not from someone at nick.com.au. But if someone posts ugly comments, we'll do our best to take care of it.
3. If you write something in a comment that catches our eye, we might want to use it. By posting your thoughts and getting your parent's permission to do so, you and your parents are telling us it's ok to repeat what you say, and use it in any way we want until the end of time. And wouldn't it be cool if we used something YOU said until the end of time?
4. Remember to ALWAYS check with your parents before you send anything to us!

Of course, our mates in the legal department have their own special way of saying all that. Here's their version (also known as The Small Print):

This is the official Terms of Use Agreement ("Agreement") for the website, application or other interactive service that includes an authorized link to this Agreement and all other websites, applications ("apps") and other interactive services you also use that are offered by the Nickelodeon Group brand that is providing this website, application or other interactive service (collectively, all such websites, applications and other interactive services, "Site," "we," "us" or "our"). This Site is fully controlled and operated by Nickelodeon Australia Management Pty Ltd ("Nickelodeon"), a business unit of Viacom Media Networks, a division of Viacom International, Inc. ("VMN") (Viacom International Inc., along with its parent company Viacom Inc. and all affiliates that Viacom Inc. directly or indirectly owns or controls (including all affiliates of Viacom Media Networks shall be referred to collectively as "VII"). By using this site, you are agreeing to be legally bound by the terms of use of Nickelodeon. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms of use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use. If you do not agree with all of the following terms of use, please do not use this site.

INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise stated, all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, "look and feel", trademarks, service marks and trade names (individually and collectively, the "Material") are the property of Nickelodeon, VMN and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to Australian and foreign (including without limitation U.S.) copyright and trademark laws. Except as otherwise specifically noted, Nickelodeon grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files incorporated in or generated by the software provided you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Nickelodeon or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, 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 Nickelodeon. You further agree that you will not modify the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. We require users to respect our copyrights and other intellectual property rights and any unauthorized use may be subject to civil and criminal penalties under legislation.

COMMENTS AND POSTINGS
When portions of this Site provide users an opportunity to post and exchange ideas and opinions ("Postings"), please be advised Postings do not necessarily reflect the views of Nickelodeon. In no event shall Nickelodeon have any liability for any Postings or claims, damages or losses from their use and/or appearance on this Site. You represent and warrant you have all necessary rights in and to all Postings you provide and such Postings will not infringe any proprietary or other rights of third parties or contain any unlawful information. You authorize Nickelodeon to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or devised in future, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Nickelodeon will have the right to use and change the Postings in any manner that Nickelodeon may determine. Additionally, Nickelodeon may sweep its comments periodically in its sole discretion. Nickelodeon does not allow Postings which contain:
• private or personal information which might identify a user (you or anyone else);
• profanity or obscenities, personal attacks on other individuals;, slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
• other information that Nickelodeon deems in its sole discretion to be inappropriate for this Site.

Comments may be used by users for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Nickelodeon periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Nickelodeon will make every effort to ensure that the comments best serve the interests of all users and, therefore, Nickelodeon reserves the right to refuse to post, edit, or delete comments that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement or you wish to complain about any particular content on the Site, please email us at nickelodeon.feedback@nick.com.au. . 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.

YOUR RESPONSIBILITIES
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site any material, or otherwise engage in any conduct, that:
1. Violates or infringes the rights of others, including without limitation intellectual property rights;
2. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available;
3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that Nickelodeon deems in its sole discretion to be inappropriate for this Site;
4. Victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. Contains any personally identifiable information, or other information which might be used to identify or locate a user;
6. Harms minors in any way;
7. Impersonates any person, business or entity, including Nickelodeon or its employees and agents or in any way falsely states or misrepresents your affiliation with a person or entity;
8. Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
9. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
10. Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
12. Otherwise interferes with the use or enjoyment of this Site by others;
13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
14. Is intended to promote and/or generate revenue for any third party business activity; or
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15. Violates these Terms of Use or any guidelines or policies posted on this Site.

Nickelodeon discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will not be posted on the Site and Nickelodeon reserves the right to delete any such material from the Site. You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
From time to time, Nickelodeon or its suppliers and advertisers may conduct promotions or competitions on or through the Site including without limitation, auctions, contests, sweepstakes, competitions (both games of chance and skill) and electronic postcards ("Promotions"). Each such Promotion will have additional terms and conditions which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

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. Nickelodeon does not warrant that this Site will be uninterrupted or secure, or that this Site will be free of viruses or other harmful components. To the extent permitted by law Nickelodeon 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, Nickelodeon, 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 Nickelodeon or any third party. Notwithstanding the foregoing, in no event shall Nickelodeon'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.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms associated with such dealings, are solely between you and such third party service provider or advertiser. You agree that Nickelodeon will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.

THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Nickelodeon, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and VMN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Nickelodeon 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 Nickelodeon 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, Nickelodeon will under no circumstances 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. You hereby acknowledge that you access third party hyperlinks at your own risk.

THIRD PARTY SOFTWARE
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system

DIGITAL AUDIENCE MEASUREMENT
Nielsen is a global information, data and measurement company for fast-moving consumer goods, consumer behaviour and media, providing companies with a comprehensive understanding of what consumers watch, what they buy and how those choices intersect. This website includes Nielsen's proprietary digital audience measurement software, for the purposes of market research (including Nielsen Digital Content Ratings) and audience ratings services. By using the Site, you are authorized to use the SDK Technology on any associated devices. The SDK Technology is licensed and not sold, and intellectual property ownership, rights and goodwill remains with and accrue to Nielsen, and its related companies, alone. You are not permitted to license, modify or decrypt any SDK Technology, or any part thereof, or remove any intellectual property mark or proprietary notice. To the maximum extent permitted by law, Nielsen and Nickelodeon disclaim all warranties of any kind, either expressed or implied. Nielsen and Nickelodeon shall not be subject to the terms of an open source licence under which recipients or third parties shall claim the right to copy, create or redistribute any SDK Technology or receive source code. Further, you acknowledge that the SDK Technology is subject to the laws, regulations and other restrictions on the import, export or re-export of the SDK Technology or information about the SDK Technology in the applicable countries. You can access more information about the measurement software and learn about choices with regards to Nielsen measurement here. If you wish to opt out, you may do so here.

INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend and hold harmless, Nickelodeon, its affiliates, and its 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, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Nickelodeon 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 Nickelodeon in asserting any available defenses.

TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE
Nickelodeon reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Nickelodeon reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

SAFETY AND PARENTAL RESPONSIBILITY
At all times we recommend taking precautions when using the Site including:
• keeping your identity private. We do not recommend giving out your full name, postal address, telephone number, email address, the name of your school, university, workplace or any other information (other than that specifically requested by us), that could help someone discover your actual identity, but if you are going to do so, take all reasonable precautions in light of your specific situation;
• not physically meeting with anyone you've only met online: we don't recommend that you meet with anyone you meet online, but if you are going to do so, take all reasonable precautions in light of your specific situation, including alerting someone to your whereabouts at all times;
• not replying to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.

We are concerned about the safety and wellbeing of all our users, but children in particular. Parents and guardians who allow their children to use the Site should take care to supervise and assist their children. We remind you that the Site is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of our programming or Site are unsuitable for your child. If you have any concerns about the Site, please do not hesitate to contact us at nickelodeon.feedback@nickaus.com.au.

PRIVACY POLICY
We will comply with all applicable Australian privacy legislation from time to time in place in respect of any personal information you submit to us.

You may be asked to input information about yourself on different areas of our Site. We will only use that information for the purposes set out in and in accordance with our Privacy Policy (available at www.nick.com.au/info/privacy-policy) and as stated at the time the information is requested.

If you want to remove all of your information from our databases, you can do so by sending an email to nickelodeon.feedback@nickaus.com specifying your name, email address and telephone number and asking for your information to be removed. You should also read our privacy policy, available at www.nick.com.au/info/privacy-policy containing further information about how we collect, store and use information about you in the course of providing the Website.

Privacy-specific complaints can be directed to our Privacy Officer at vimnau.privacy@vimn.com.

ELECTRONIC DELIVERY POLICY
By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.

GOVERNING LAW
This Site is intended exclusively for residents of Australia. These terms are governed by the laws of New South Wales and both you and we agree to submit to the non-exclusive jurisdiction of the New South Wales courts. We make no representation that content on this Site is appropriate or available for use in locations outside Australia and New Zealand. If you choose to access this Site from a location outside Australia and New Zealand, you do so at your own initiative and risk, and are consequently responsible for compliance with local laws. These Terms of Use together with the Privacy Policy and any other regulations, procedures or policies referred to and hereby incorporated by reference contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed or amended to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

These Terms of Use were last updated on 17 October 2017.

 

Arbitration and Class Action Waiver Provisions: Frequently Asked Questions

1. What do the arbitration and class action waiver provisions in the Terms of Use Agreement mean?

You may still pursue Claims (as defined in the Terms of Use Agreement) against VII (as defined in the Terms of Use Agreement), but (with a few exceptions) you must pursue your Claims in a binding arbitration proceeding (and not in a court) and only on an individual (and not class action) basis.


2. What is arbitration? What is a class action?

Arbitration is a process to resolve legal claims outside of court. Arbitrations are conducted by a neutral decision maker (such as a former judge) and will be administered, in this case, through the American Arbitration Association. The procedures in arbitration are generally more informal and usually faster than lawsuits in court. For example, in arbitration, there is no jury and there is limited opportunity for review or appeal of an arbitration decision. Arbitrators can grant the same kinds of relief for meritorious Claims as courts can.

A class action lawsuit is one in which one or more named plaintiffs sue as representatives of a defined class of similarly situated individuals so long as certain requirements are met.
By agreeing to the Terms of Use Agreement, with a few exceptions, you agree not to bring or participate in a class action and agree that all Claims will be resolved in a binding arbitration proceeding.


3. What does it mean to opt out of the arbitration and the class action waiver provisions?

If you would like to be able to pursue Claims against VII in court (rather than in an arbitration proceeding), or participate in a class action to pursue Claims (rather than bringing Claims on an individual basis), you must submit a valid request to opt out of the arbitration and class action waiver provisions.
See the “Right to Opt Out of Mandatory Arbitration and Class Action Waiver” subsection of the “Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations” section of the Terms of Use Agreement for more information on how to submit a valid request to opt out (the Arbitration/Class Action Waiver Opt-Out Notice, as defined in the Terms of Use Agreement). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.


4. How much time do I have to opt out?

You have 45 days, but when that 45 day period starts depends on if you are a registered user or not and if you are a registered user before these provisions are first launched and effective. If you register as a new user of a VII website, application or other interactive service on or after the date on which these provisions are first launched and effective, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days after the date you register as a new user, unless an earlier deadline applies.

If you are already a registered user before the date on which these provisions are first launched and effective, unless an earlier deadline applies, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days of the earlier of either (a) the date of your first login on or after the date on which these provisions are first launched and effective or (b) the date on which email notice, if any, of this Terms of Use Agreement was sent to the email address associated with your user registration.

If you are a user, but not a registered user, unless a longer period is required by applicable law, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days after you accept the Terms of Use Agreement for the first time on or after the date on which these provisions are first launched and effective, unless you are a user of an app or other interactive service, in which case the 45 day period may instead be deemed to start on December 31, 2016.


If you are a user of more than one VII website, application or other interactive service, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by the earliest deadline applicable to you for any VII website, application or other interactive service.
Examples of how much time you have to send a valid Arbitration/Class Action Waiver Opt-Out Notice:

Here are some examples of opt out timing, if these provisions are first launched and effective on this VII website, application or other interactive service on August 1 and no advance email notice of this Terms of Use Agreement is sent:

I am a longtime registered user of the site before August 1: If you login on August 15, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days after your first login after the date these provisions were launched).

I registered as new registered user of the site on August 15: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days of your registration after the date these provisions were launched).

I visit the site on August 1 but am not a registered user: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 15 (within 45 days of your first visit to the site once these provisions were launched).

I downloaded the app for the first time on August 15, 2016: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days of your download of the app after the date these provisions were launched), unless the Terms of Use Agreement provides that the 45 days starts on December 31, 2016, in which case you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by February 14, 2017 (within 45 days after December 31, 2016).

I downloaded the app for the first time on August 15, 2017: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days of your download of the app after the date these provisions were launched), even though the Terms of Use Agreement provides that the 45 days starts on December 31, 2016, since you did not download the app until after December 31, 2016.

I visit the site on August 1, but do not register as a registered user until August 15: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 15 (within 45 days of your first visit to the site once these provisions were launched), rather than September 29 (45 days after you first register).

I am a longtime registered user of the site before August 1 who logs in on August 15, and I register as a new registered user on another VII website on September 1: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (45 days after your first login once these provisions were launched), rather than October 16 (45 days after you first register on the other VII website).

5. If I want to opt out, do I need to do so for each VII website, application or other interactive service I use?

No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, that opt out applies to all VII websites, applications or other interactive services.

6. If I want to opt out, do I have to do so each time I accept a new Terms of Use Agreement for any VII website, application or other interactive service?

No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, you do not need to opt out of the arbitration and class action waiver provisions again for any new Terms of Use Agreement for any VII website, application or other interactive service.