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Terms of Use

The Effective Date of these Terms of Use is December 21 2010.

These TOU only apply to the Simon and Schuster’s Spaceheadz site available at www.spaceheadzr.com  (“Site”), which is operated by Simon & Schuster Children’s , a division of Simon & Schuster, Inc. (“S&S,” “we,” “our,” or “us”). The Site is intended for residents of the United States.

IMPORTANT:  THIS IS A LEGAL CONTRACT.  IT IS VERY IMPORTANT THAT YOU AND YOUR PARENTS READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF USE (“TOU”) BEFORE YOU USE OR POST ON THE SITE.

Parents: by allowing your child to access or use this Site, you agree on your child’s behalf to these TOU, which constitute a legally binding contract between you [parents,] and S&S.  If you do not agree with these TOU, you should not allow your child to use the Site.

The Site is intended for use only by children residing in United States.

1. INTELLECTUAL PROPERTY OWNERSHIP OF SITE MATERIALS

This Site and all materials that are included in or are otherwise a part of the Site, including, without limitation, graphics, layout, text, images, audio, videos, and the trademarks, logos, domain names, trade names, service marks and all copyrightable material (collectively, the “Materials”) are owned, controlled or licensed by S&S, its subsidiaries or affiliates and are protected from unauthorized use, copying and distribution by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of S&S, unless and except as is expressly provided in these TOU.  Any unauthorized use of the Materials is prohibited.

2. YOUR LICENSE TO USE MATERIALS ON OUR SITE

Subject to your strict compliance with these TOU, S&S grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, display, use and/or play a single copy of the Materials on any single computer for your personal, non-commercial use only. You must not remove any trademark, copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials.

3. INFORMATION/CONTENT YOU SUBMIT

The Site provides you and others with the opportunity to submit content to S&S and the Site for posting, including your photos (no humans should be featured), your artwork and items that you mark with the Spaceheadz’s logo (collectively, “User Content”).

You agree that your User Content may be publicly posted and will not be returned. You declare and agree that you own the rights to the User Content.

You grant to S&S a non-exclusive, perpetual and royalty-free right and license to host and post all or any portion of your User Content

You agree and understand that S&S is not obligated to use User Content and that you will not receive any payment for your User Content or for any exploitation of it.

4. SPACEHEADZ CONTENT RULES

You must follow these Spaceheadz Content Rules whenever using or participating on the Site, including whenever you submit content:

• User Content must be yours.  All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content have given you permission to post the User Content on the Site.
• Don’t upload, post or distribute other people’s content.  Your User Content should not contain any logos, phrases or trademarks or other people’s materials.  Do not use any User Content that belongs to other people and pretend it is yours.  This includes any content that you might have found elsewhere on the Internet.
• No music.  Your User Content may not contain any music.
• User Content should not contain rude language.  Your post should not contain any bad or offensive words. Your User Content may not threaten or bully other people.
• Do not Post personal Information. Do not post your personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information) to other members. The Site is an online community only – do not use it to arrange a physical meeting with another member.
• Don’t share other people’s personal information.  Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.

S&S WILL REVIEW POSTS BEFORE THEY GO UP ON THE SITE AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHOOSE NOT TO POST SOMETHING YOU SUBMIT OR TO REMOVE ANY CONTENT IT CHOOSES FROM THE SITE.

5. THIRD PARTY LINKS AND CONTENT

There may be links from the Site to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site.  We do not control those third party sites or any of their content.

6. DISCLAIMERS/LIMITATION OF LIABILITY

THE SITE AND ALL ITS CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, S&S MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SITE OR ANY OF ITS CONTENT OR ANY MATERIALS PROVIDED THROUGH THE SITE.  S&S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TOU.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

S&S WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT WILL S&S’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN U.S. DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF S&S’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED S&S, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY S&S.  YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR ELSE YOU AGREE YOU HAVE WAIVED ANY SUCH CLAIM.

7. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party.  S&S encourages you to report any content on the Site that you believe infringes your rights.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), S&S has a designated agent for receiving notices of copyright infringement and S&S follows the notice and take down procedures of the DMCA.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide S&S’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

S&S’s copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

Name: Tracy Woelfel
Mailing address: Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY  10020
Phone number: (212) 698-7094
E-mail address: Tracy.Woelfel@simonandschuster.com

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

9. GOVERNING LAW

THESE TOU AND THE INTERPRETATION OF THESE TOU WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK.

10.  MODIFICATIONS

S&S reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice.  You agree that S&S will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. S&S reserves the right to revise these TOU at any time without prior notice (“Updated TOU”). You agree that we may notify you of the Updated TOU by posting it on this Site so that it is accessible via a link on the home page, and that your use of the Site after we have posted the Updated TOU (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated TOU. The Updated TOU and will apply to your use of the Site from that point forward.

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