Good Luck Trolls : Terms of Use

Terms & Service

INTRODUCTION AND WELCOME

We're glad you stopped in! DIC Entertainment welcomes you to the Goodlucktrolls.com website! This website has been created for your personal entertainment, education, and information, so please enjoy exploring it. While you are here, we want you to be aware that access to this site implies your full understanding of our respective legal rights and obligations. Use of this site is subject to the terms of use described below, as well as all applicable laws. Our terms of use are legally binding, and will govern your use of this website, so please read them carefully. The Terms of use contained herein govern only this Site and do not cover any other DIC Entertainment-owned or operated website unless specifically stated.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site. If you are under 18 years of age, please have your parents review these Terms of Use with you.

PLEASE READ THESE TERMS OF USE OF USE CAREFULLY BEFORE USING THIS WEBSITE

This site at Goodlucktrolls.com (the "Site") is fully controlled and operated by DIC Entertainment ("DIC" or "we"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms of use of Goodlucktrolls.com. If you do not agree with all of the following terms of use, please do not use this Site.

DIC reserves the right, at its 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. For your information, these terms of use were last updated on November 22, 2005.

REGISTRATION

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy , which describes the personally identifiable information ("Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

OWNERSHIP OF INTELLECTUAL PROPERTY

DIC respects and honors the intellectual property rights of others and asks that all users of this site do the same. DIC may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe (or in DIC's estimation may infringe) the intellectual property rights of others.

All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangement thereof, and trademarks, service marks, and trade names (the "Material") are the property of DIC 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.

DIC hereby grants to you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for non-commercial 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, publish, perform, 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 DIC. Use of Goodlucktrolls.com and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

For purposes of these terms of use, use of any Materials in any unauthorized manner [including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any nature (including, without limitation, endorsements of a political, religious, or social orientation nature), promotions, products, games, services, or other inappropriate content)] is strictly prohibited.

DISCLAIMER AND LIMITATION ON LIABILITY

This Site and all Materials contained herein are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either expressed or implied, including, without limitation, warranties of merchantability, fitness for any particular purpose, or noninfringement.

DIC does not warrant that the functions contained in this Site or Materials contained therein will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components. DIC is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions which may arise out of your use of this Site or with respect to the information and Materials contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any Materials or information contained herein rests with you. You assume the complete cost of all necessary servicing, repair, or correction which may be associated with your use of the Materials and/or this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

To the fullest extent permissible pursuant to applicable law, DIC, its affiliates, and 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, punitive or similar damages, that may result from the use of, or the inability to use, the Materials contained on this Site, whether the Materials are provided or otherwise supplied by DIC or any third party. Notwithstanding the foregoing, in no event shall DIC'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.

Furthermore, neither DIC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Site.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DIC, its affiliates, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers to the Site (collectively, the "Indemnified Parties") from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorney's fees and expenses, resulting from any violation of these Terms of use by you. DIC 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 DIC in asserting any available defenses.

SUBMISSIONS

We are always pleased and interested to hear from our visitors, and we welcome your comments. Unfortunately, DIC does not accept or consider unsolicited concepts, creative ideas, suggestions, stories, and other related ideas for its programs, toys, web sites and other products. We hope that you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by DIC might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions or ideas to DIC through this web site or otherwise.

While we do value your feedback on our products and services, we request that you be specific in your comments on these products and services, and not submit any creative ideas, suggestions, or materials unless specifically requested by us. We will not review any such submissions, and we cannot guarantee that we will respond to your comments or messages. If at our request you send a submission (for example, requested personal opinions), or if despite our request that you not send unsolicited submissions you send such submission, or if you transmit to the Web Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like, such submission will not be treated as confidential and shall be deemed and shall remain the property of DIC. Subject only to our Privacy Policy, none of the information you submit to the Web Site shall be subject to any obligation of confidence on the part of DIC and we will not be liable for any use or disclosure. Thus, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and any right to credit for the material or ideas contained therein. DIC shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed. By submitting materials to the Site or to us, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that DIC is not obligated to use your submission and you have no rights to compel such use.

RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or DIC Entertainment. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site or shall DIC Entertainment have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

POSTINGS

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Site and DIC to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please contact customer support at the email address on the bottom of this page and let us know about it. 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

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES

DIC provides Official Rules of Participation ("Official Rules") for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by DIC and in conjunction with third parties. This Agreement is incorporated by reference to the specific Official Rules which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Official Rules, the Official Rules for the activity in which you choose to participate shall govern.

CONTENT LINKED TO OUR SITE

You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from Goodlucktrolls.com pages that take you outside of our service (the "Linked Sites"). The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by DIC, its subsidiaries and affiliates, of the opinions or views expressed by these third party websites. DIC does not verify, endorse, or take responsibility for the accuracy, currency, completeness, legality, or quality of the content contained at the Linked Sites. Furthermore, DIC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. For example, if you click on a banner advertisement or a search result, the click may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the Site, the site on which you will arrive is not controlled by DIC, and, therefore, different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that DIC is not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Finally, DIC 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. In short, these Linked Sites are here for your convenience only, and you choose to access them at your own risk.

UNAUTHORIZED LINKS TO SITE

DIC allows its users of the Site to link their Trolls-related fan sites to the Site homepage. However, by using the Site, you specifically agree not to link to any pages within the Site without express written approval from DIC. If you do not receive such express written approval prior to linking to an internal page on the Site, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking any internal pages from the Site.

JURISDICTIONAL ISSUES

The Site is controlled and operated by DIC and its affiliates from its U.S. offices in Burbank, California. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By registering to use the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

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 shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DIC brings to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in the County of Los Angeles, California, and you expressly consent to the jurisdiction of said courts.

AMENDMENT

You agree to review this Agreement on at least a weekly basis to be aware of Changes (as defined herein). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. DIC has the right, at any time, to:

add, change or discontinue any aspect or feature of the Site, including, but not limited to, content, financial terms, availability and equipment needed for access or use;
impose, change or modify its terms of use applicable to your use of the Site, or any part thereof; and/or
impose, change or modify the terms of use of this Agreement ("Changes").

Such Changes shall be effective immediately upon notice by posting the Changes on the Terms of use of Use or by any other method of notice DIC deems appropriate. Any use of this Site by you after notice of the Changes, constitutes your acceptance of such Changes.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Site and by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Customer Support - Goodlucktrolls.com
DIC Entertainment
4100 West Alameda Avenue
Burbank, CA 91505

We may immediately terminate these terms of use with respect to you (including your access to any or all of the Site) without cause and without notice to you in our sole discretion. Upon termination, you must cease all use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are infringers of copyright and/or trademark.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Online Copyright Infringement Liability Limitation Act, Title 17, United States Code, Section 512(c)(2) (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notifications of claimed copyright infringement. The DIC Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

David Ducar, Esq.
Senior Director, Business & Legal Affairs
DIC Entertainment Corporation
4100 West Alameda Avenue
Burbank, CA 91505
Telephone: (+ International Dialing Code) 818-955-5400
Fax: (+ International Dialing Code) 818-955-5527
E-mail: legal@dicentertainment.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the above Copyright Agent with a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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
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.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

The United States Copyright Office's Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at:

http://www.loc.gov/copyright/onlinesp/list/index.html

Questions or Concerns? Contact Us!

We welcome comments and questions on these Terms and Conditions. By using the website, you consent to the policies and practices described in this herein.

If you have any questions, comments or concerns regarding these Terms and Conditions and/or practices, please contact us at the following e-mail address, mailing address and telephone number:

Email: customersupport@goodlucktrolls.com

Mailing Address:

Customer Support - Goodlucktrolls.com
DIC Entertainment
4100 Alameda Avenue
Burbank, CA 91505

Use of this site signifies your agreement to the Terms of Use and Privacy Policy.