Terms of Use

Terms of Use

Acceptance of Terms of Use

By using the  website creaturehero.org (the “Site”) of Kratt Brothers Creature Heroes Society (“CHS”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and in the separate Privacy Policy. The Terms of Use and Privacy Policy relate specifically to this Site and do not apply to other websites operated by CHS or its affiliates, some of which may have their own terms of use and privacy policies. Please read the respective sites’ terms and policies when accessing those sites. We reserve the right to change or discontinue any feature of the Site, including, but not limited to, the Terms of Use, at any time, by posting revisions on the Site, which will take effect immediately upon posting. You agree to be deemed apprised and bound by any changes to these Terms of Use and your continued use of the Site indicates your agreement to the revised terms. The Site will not advise of any changes/updates. It is your responsibility to periodically review these Terms of Use. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.


Links to Third Party Sites & Services

The Site contains links to and from sites operated by third parties. CHS makes no representations whatsoever about any third party content that you may access from the Site, or about any website from which you may access the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked site / content. The linked sites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming providers’ and the linked sites’ use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.


Intellectual Property

You acknowledge that all materials, information, software, products, and services included on, in or available through the Site (the “Content”), including the selection, co-ordination, arrangement and enhancement of such Content are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by CHS or our licensors or CHS has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under licence by, CHS. The use or misuse of any of these materials is strictly prohibited. CHS, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.


Lawful Use

You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial personal use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform or publish any of the Content or adapt, edit or create derivative works based on the Content or otherwise in any way exploit any of the Content of the Site, in whole.  Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site is strictly prohibited.


Disclaimer of Warranties

You expressly agree that all Content is provided “as is” and “as available” for your use and that you use the Site and any Content you choose to download at your sole risk.  CHS does not in any way provide any warranties with respect to the Site or the Content, either expressly or by implication, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties, if any, which are incapable of exclusion, restriction or modification under applicable law.  CHS, including its employees, officers, directors, shareholders, agents, consultants, contractors and licensors, makes no warranty that the Content or any service or merchandise provided through the site, is accurate, reliable or correct; that the Site or any linked site will be available at any particular time or location; that any defects or errors will be corrected; that the Content is free of viruses or other harmful components; or that you will achieve successful or positive results from following any instructions, directions or recommendations on the Site.


Limitation of Liability

Under no circumstances will CHS, including its employees, officers, directors, shareholders, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result in any way from the use of, or inability to use, the Site or from the Content and the risk of any loss or injury from the foregoing rests entirely with you. This limitation applies whether the alleged damages are based on contract, tort, negligence, strict liability or any other basis including from any conduct of other users or third parties, even if we have been advised of the possibility of such damage.  In those jurisdictions that restrict or do not allow the exclusion or limitation of punitive, incidental, special or consequential damages, our liability shall be limited to the full extent permitted by applicable law.


Indemnification

You agree to defend, indemnify, and hold CHS, including its employees, officers, directors, shareholders, agents, consultants, contractors and licensors harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content, including without limitation your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.


International Use

By choosing to access the Site from any location other than the United States of America, you accept full responsibility for compliance with all local laws that are applicable. CHS makes no representation that the Content is appropriate or available for use in locations outside of the United States of America, including those countries where the Site or the Content is prohibited.


Security Precautions

The services and information provided on the Site are protected using industry standard security precautions, however it is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. CHS provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet and the Site. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.


Choice of Law

This Agreement shall be construed in accordance with the laws of the state of Vermont, and the federal laws of the United States of America applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use, the Privacy Policy, and/or your use of the Site shall be filed only in the courts of the state of Vermont or a federal district court, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


Integration and Severability

These Terms of Use and the Privacy Policy constitute the entire agreement between CHS and you with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Content and the Site. If any provision of the Terms of Use of the Privacy Policy is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.


Unauthorized Use and Termination

You agree to use the Site and the Content only for authorized and legal activities. CHS reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

 

Privacy and Disclosure

You have read and accept the terms of our Privacy Policy.