Terms

INTRODUCTION

Welcome to the Emergency Arts. Please read the following terms and conditions of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access the Site or use the Emergency Arts services provided to you by Emergency Arts through the Site (“Services”).

For the purposes of these Terms, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms in Sections B and C when registering for an account. You and any persons that you authorize to use your account may be referred to in these Terms as the “User.”

BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SECTION A AND SECTION C BELOW, WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICES, INCLUDING CASUAL VISITORS TO THE SITE. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON A SITE, YOU MUST ALSO READ AND AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION B, IN ADDITION TO THE TERMS OF SECTION C, BY CLICKING ON THE “I ACCEPT” BUTTON SET FORTH AT THE END OF THESE TERMS. YOU ALSO ACKNOWLEDGE THAT YOUR SUBMISSION OF THE CREDIT CARD PAYMENT FORM SERVES AS YOUR AGREEMENT TO THESE TERMS.

In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

SECTION A. TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITE

1. Availability. Emergency Arts uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Emergency Arts. Emergency Arts will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Emergency Arts. You agree that Emergency Arts shall not be liable to you for any modification, suspension or discontinuance of the Service. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

2. Trademarks. All brand, product and service names used in the Services that identify Emergency Arts are proprietary marks of Emergency Arts. All brand, product and service names used in the Services that identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Emergency Arts or any third party with respect to any such image, logo or name.

3. Copyright. Unless otherwise stated in these Terms or on the Site, Emergency Arts is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

4. External Links. From time to time Emergency Arts may provide links that will take you to third party website. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. Emergency Arts does not endorse or take responsibility for the content on other website or the availability of other website and you agree that Emergency Arts is not liable for any loss or damage that you may suffer by using other website.

5. Amendment of Terms. We reserve the right to amend these Terms agreed to by you and will notify you in advance if changes are made. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.

SECTION B. TERMS APPLICABLE TO REGISTERED USERS OF THE SITE

1. Registration. In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are appropriate and inappropriate for your child.

2. Amendment of Terms. You agree that Emergency Arts retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and the right to terminate the Site or any part of any of the Site. You agree to review the posting of these Terms at periodically to be aware of such changes. Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to these Terms. Any amendments or modifications made by Emergency Arts shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to us for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

3. Site License. Emergency Arts grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site. Emergency Arts expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.

4. Password. You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Emergency Arts of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Emergency Arts cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Copyright in Your Content. Emergency Arts does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Site and the Services or use in connection with your account (“Content”). You remain the owner of all Content that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to Emergency Arts that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. You agree to indemnify and hold Emergency Arts harmless for any violation of the above warrants.

6. Submissions.

1. You may place Content on the Site only in accordance with the following limitations. You may NOT store any of the following material on the Site or obtain any such material using the Site:

a. Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;

b. Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or

c. Any material sent from an anonymous or false address.

2. While Emergency Arts does not and cannot review all material on the Site, and is not responsible for its content, Emergency Arts reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Emergency Arts will not be liable for the Content of any submission. You agree to indemnify and hold Emergency Arts harmless for any violation of this provision.

SECTION C. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE

1. Rules of Conduct

1. The following Rules of Conduct apply to the Site. By using any of the Site, you agree that you will not distribute any submission that:

a. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;

b. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

c. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;

e. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;

f. does not generally pertain to the designated topic or theme of the Site;

g. violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or

h. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

2. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:

a. register for the Site and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy;

b. interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;

c. post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Site;

d. post or give out any financial information or transmit electronically or physically any money to other Users;

e. create user accounts by automated means or under fraudulent or false pretenses;

f. create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;

g. submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Emergency Arts;

h. submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;

i. submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Site;

j. harass, threaten or intentionally embarrass or cause harm or distress to another person or group;

k. collect and publish any information about any of our Users;

l. adapt, modify or reverse engineer any portion of the Services or the Site;

m. use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;

n. reformat any of the pages that are part of the Site;

o. disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;

p. encourage conduct that would constitute a criminal or civil offense;

q. violate any applicable federal, state, local or international law or regulation;

r. exploit children under 18 years of age;

s. invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);

t. solicit personal information from a child under 13 years of age;

u. submit false or misleading information to Emergency Arts, the Site or other Users; or

v. engage in any other activity deemed by Emergency Arts to be in conflict with the spirit of these Terms and the Privacy Policy.

3. We cannot and do not assure that other Users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

2. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Site. Emergency Arts hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Emergency Arts is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Emergency Arts has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Emergency Arts harmless for any violation of this provision.