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ECOPALS TERMS AND CONDITIONS OF USE

[PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE]

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy and Site Rules ) will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by YOUNG FOLKS FIRST, INC. (referred to as "YFF," "we," "us," or "our" herein). No material from this site or any Web site owned, operated, licensed, or controlled by YFF may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download AND/OR PRINT one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of YOUNG FOLKS FIRST's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to YOUNG FOLKS FIRST, Inc. In the event that you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are licensed to you by YFF. YFF does not transfer title to the Software to you. You own the medium on which the Software is recorded, but YFF retains full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

YOUNG FOLKS FIRST is pleased to hear from its loyal fans and welcomes your comments regarding YOUNG FOLKS FIRST products, including YOUNG FOLKS FIRST's ECOPALS online site. Unfortunately, however, YOUNG FOLKS FIRST's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by YOUNG FOLKS FIRST's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.

If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of YOUNG FOLKS FIRST.

None of the Submissions shall be subject to any obligation of confidence on the part of YOUNG FOLKS FIRST, and YOUNG FOLKS FIRST shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, YOUNG FOLKS FIRST shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, bulletin board, or e-mail function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this site to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the Site Rules whenever you are using this site.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of this site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on YOUNG FOLKS FIRST; (2) protect and defend the rights or property of YOUNG FOLKS FIRST; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by YOUNG FOLKS FIRST from its offices within the State of Colorado, United States of America. YOUNG FOLKS FIRST makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations 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, Iraq, Libya, North Korea, Iran, 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 downloading or using the Software, 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.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all YOUNG FOLKS FIRST site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from YOUNG FOLKS FIRST if in YOUNG FOLKS FIRST's sole discretion you fail to comply with any term or provision of these terms. Upon terrmination, you must destroy all materials obtained from this site and any and all other YOUNG FOLKS FIRST site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

PROHIBITION AGAINST ROGUE PROGRAMMING

You shall not post, transmit or make available in any way through ECOPALS ONLINE any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). YFF has no obligation to detect the presence of any Rogue Programming.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUNG FOLKS FIRST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUNG FOLKS FIRST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, WHAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUNG FOLKS FIRST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT YOUNG FOLKS FIRST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YOUNG FOLKS FIRST BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF YFF OR A YFF-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL YFF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Boulder County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Last Updated: April 6, 1999

ECOPALS SITE RULES

These rules apply to everyone visiting the EcoPals website, new visitors and old. Generally speaking, these rules simply ask that you show respect for others and use good manners. Be nice.

ECOPALS site rules:

We don't allow obscene, racist, or sexually explicit language. We also reserve the right to remove postings that defame or insult anyone, as well as notes that are abusive or hateful. Any harassing notes or postings that might be construed as stalking will be deleted and made available to the proper law-enforcement officials. We also reserve the right to remove notes that are off the subject or not in English.
Asking anyone to support your personal causes, or advertisements are not allowed. This includes advertisements for your business or latest scheme.
You may not suggest or encourage illegal activity. We will help law-enforcement officials.
You must have copyright ownership of all material that you post on our bulletin boards and in our chats. No articles, recipes, song lyrics, art, graphics, or other material may be posted without the express written consent of the copyright holder.
You must respect the privacy of other individuals. This means no posting of phone numbers, addresses, Social Security numbers, or any other private information.
Having good manners online means that you don't post the same note more than once. The online word for posting many times on one topic is "spamming." We don't allow that.
You participate at your own risk on the bulletin boards, and in e-mail. You take responsibility for postings under your identification and use the information provided on this site, including in bulletin boards, and e-mail, at your own risk. We take no responsibility for the content or opinions posted in bulletin boards, and e-mail.
We reserve the right to remove any postings (although we have no duty to do so).
Communities that share our commitment to quality information and support for parents and children are welcome.
By posting to any portion of this site, you agree to abide by our Terms and Conditions of Use.
Use good judgment, and have a wonderful time.

Last Updated: April 6, 1999

© Young Folks First. All rights reserved.

ECOPALS ONLINE PRIVACY POLICY

The policies below are applicable to EcoPals.com and other sites on the World Wide Web portion of the Internet owned and operated by Young Folks First (YFF). Please read the following carefully. If you have any questions or concerns, please send us an e-mail at www@ecopals.com.

GATHERING AND USE OF INFORMATION

ECOPALS ONLINE will never willfully disclose any personally identifiable information about our audience to any third party without first receiving the user's permission. We do not collect personally identifiable information from our visitors other than what is supplied to us on a voluntary basis.

ECOPALS ONLINE collects personally identifying information only during (i) contest or sweepstakes Registration, In addition, Registration is required and information is collected in certain portions of the site in which guests provide content submissions and suggestions or participate in interactive online activities (i.e., community postings, voting, games, or bulletin boards). DOES THIS INCLUDE COLLECTION OF PERSONAL INFORMATION WHEN USERS SIGN UP FOR ECOPALS CLUB? EcoPals Online may use such information to award prizes or track compliance with our EcoPals Site Rules, or for editorial and feedback purposes (to the extent that is explained when guests provide the information). In the event EcoPals online plans to post any such information on a site, guests are provided prior notification of such posting and given the option of preventing such posting.

POLICIES FOR INDIVIDUALS UNDER 13

ECOPALS ONLINE site supports the goals and guidelines established by the Children's Advertising Review Unit (CARU) of the Better Business Bureau, as well as the efforts of the Center for Media Education (CME) and other organizations' concerned with children's online safety and privacy. In order to further our corporate mission of providing a safe, environment for children in all media, and to better serve our online audience, we have designed these special guidelines for the ECOPALS site.

ECOPALS ONLINE encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the site.

No information should be submitted to or posted at ECOPALS ONLINE's Web site by guests under 13 years of age without the consent of their parent or guardian.

Unless otherwise disclosed during collection, ECOPALS ONLINE does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever.

All registrants receive e-mail confirming their Registration. In addition, when a guest under 13 registers, his/her parent or guardian receives an e-mail about Registration and providing instructions on how the parent or guardian can delete the Registration if so desired.

Although guests under 13 years of age are allowed to participate in contests, if such a guest wins, notification and prizes are sent to the parents or guardians identified in the initial Registration process.

No information collected from guests under 13 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside EcoPals. Guests' e-mail addresses are never posted on ECOPALS ONLINE Web site.

POLICIES FOR INDIVIDUALS 13 YEARS OF AGE OR OLDER

With the permission of a guest who is 13 years of age or over, information submitted at the time of Registration or submission may be used for marketing and promotional purposes by ECOPALS ONLINE and may be shared with companies that have been prescreened by ECOPALS ONLINE. If a guest objects to such use for any reason, he/she may stop that use -- either by e-mail request or by modifying his/her Registration information online. When you register with ECOPALS ONLINE, every effort will be made to maintain your information in a secure environment by ECOPALS ONLINE. DID YOU WANT TO CHANGE THE SUBJECT OF THE LAST SENTENCE FROM GUEST TO "YOU"?

If you wish to modify your Registration information or stop receiving e-mail updates from EcoPals.com, just click the Ecopals Club page on EcoPals.com. Once you have entered your or your child's Registration Name and Password, click the Unsubscribe button. You can then modify your information or e-mail requests. When you click the Membership Info button, your request will be sent and a confirmation notice will appear.

ABOUT IP ADDRESSES

ECOPALS ONLINE collects IP addresses for the purposes of system administration and to report aggregate information to our advertisers.

An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers -- the big computers that "serve up" Web pages -- automatically identify your computer by its IP address.

When guests request pages from the ECOPALS ONLINE site, our servers log the guests' IP addresses. We do not link IP addresses to anything personally identifiable. This means that a user's session will be logged, but the user remains anonymous to us.

USE OF COOKIES - The ECOPALS ONLINE COOKIES POLICY

What are cookies? Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your passwords, purchases, and preferences while you're at our site. The use of cookies is an industry standard -- you'll find them at most major Web sites.

By showing how and when guests use a site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. If you accept the first tracking cookie from EcoPals.com, you won't be offered as many afterward.

Examples of How the ECOPALS ONLINE Sites Use Cookies

A cookie lets the computers remember that you've registered, which allows us to speed up your future activities at our site.

HOW THE ECOPALS ONLINE SITE DOES NOT USE COOKIES

ECOPALS ONLINE site never uses cookies to retrieve information from your computer that was not originally sent in a cookie. WHAT DOES THAT MEAN? Except as described below, the ECOPALS ONLINE site does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.

ECOPALS ONLINE site does not use cookies to identify specific individuals, except in such cases as contest registration (where a cookie allows you to enter a contest every day without registering again each time).

You may occasionally get cookies from our advertisers. ECOPALS ONLINE does not control these cookies, and these cookies are not subject to the ECOPALS ONLINE cookies policy. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site, such as the contest, and game areas, will not function properly if you do so.

LINKS TO OTHER SITES

Users should be aware that when they are on the ECOPALS ONLINE site they could be directed to other sites that are beyond our control. There are links to other sites from the ECOPALS ONLINE site that take you outside our service. For example, if you click on a banner advertisement or a ECOPALS ONLINE search result, the click takes you off the ECOPALS ONLINE site. This includes links from advertisers, sponsors and partners that may use the ECOPALS ONLINE logo as part of a cobranding agreement. These other sites may send their own cookies to users, collect data, or solicit personal information. Always be aware of where you end up.

Please keep in mind that whenever you give out personal information online -- for example, via message boards or chat -- that information can be collected and used by people you don't know. While ECOPALS ONLINE strives to protect its users' personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

SECURITY POLICY

The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We exercise great care in providing secure transmission of your information from your PC to our servers, utilizing encryption software.

Only those employees who need access to your information in order to do their jobs are allowed access, each having signed comprehensive nondisclosure agreements with EcoPals, which provide explicit legal confidentiality protections. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

YOUR ACCEPTANCE OF THESE TERMS

By using this site, you signify your assent to the ECOPALS ONLINE Privacy Policy. If you do not agree to this policy, please do not use this site. Your continued use of the ECOPALS ONLINE site following the posting of changes to these terms will mean you accept those changes. You can send e-mail to us with any further questions.