PRIVACY POLICY/YOUR CALIFORNIA PRIVACY RIGHTS

THE NICKELODEON GROUP PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS

LAST UPDATED: 10/13/2016

(See Summary of Most Significant Changes [http://btg.mtvnservices.com/legal/Changes/K+F/] to learn more.)

Welcome! This Privacy Policy ("Privacy Policy") describes our privacy practices for the "Nickelodeon Sites" of the "Nickelodeon Group." The Nickelodeon Group is a business unit of Viacom Media Networks, a division of Viacom International, Inc. The Nickelodeon Sites (or, individually, "Site") are the Internet websites, applications and other interactive services that are offered by the Nickelodeon Group for use on mobile devices, tablets, personal computers and any other devices that connect to the Internet. Some of the Nickelodeon Sites are intended for children and some are intended for older audiences. By accessing any of the Nickelodeon Sites, you are consenting to this Privacy Policy. This Privacy Policy describes what information the Nickelodeon Sites collect from users, including children, when they visit the Nickelodeon Sites; how such information is used and stored; when such information may be disclosed to third parties; how users, parents, and guardians can control the use and disclosure of collected information; and how information is protected.

Our visitors' privacy is important to us, and we recognize the need to provide additional privacy protection for children on the Nickelodeon Sites permitting such visitors.  Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries.  Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. For a list of websites to which this Privacy Policy applies that are directed to children under 13 years of age, please click here [http://www.nick.com/nick-assets/copy/nickelodeon-sites.html]

SUMMARY.

For your convenience, the following is a quick summary of our Privacy Policy. Please read the entire Privacy Policy for more detailed information.

 

WHAT INFORMATION WE COLLECT.	In general, we collect three types of information: 1.     Information that you actively give to us (for example, during registration, sweepstakes, purchases or content submissions); 2.     Information we automatically collect about your computer or wireless devices (such as IP address, cookie ID, or other unique device identifiers); and 3.     Information we collect from third parties, including through third-party social media providers with whom you have registered. For more detailed information regarding the information we collect, please see below
HOW WE STORE SUCH INFORMATION.	We take reasonable precautions against the unauthorized access to or loss of your information, always with the goal of keeping our security up to date as cyber threats change. Despite such precautions, there is always a chance of unauthorized access to or loss of your information. If you think a third party has accessed your information, please contact us immediately as instructed below. For more detailed information regarding how we store information, please see below
HOW WE USE SUCH INFORMATION.	In general, the information we collect may be used to respond to your requests; enable you to take advantage of Nickelodeon Sites features and services; personalize your experience and the advertising you see; send you special offers and promotions from Nickelodeon, the Viacom family of companies, and on behalf of third-parties whose products or services might be of interest to you; measure analytics; and manage and improve the services available on the Nickelodeon Sites. We may use your information in these ways when and where it is consistent with legal requirements to do so. For more detailed information regarding how we use such information, please see below
INFORMATION WE SHARE WITH THIRD PARTIES.	Depending upon the circumstances, we may share collected information with (a) law enforcement or others as needed to protect or defend our rights and the rights of others; (b) third parties we hire to handle certain activities; (c) advertisers or third parties with whom we may partner to provide you additional content, products or services; (d) business partners who sponsor a sweepstakes or contest or who jointly offer a service or feature on the Nickelodeon Sites; (e) within the Viacom family of companies; (f) in the event of a corporate transaction; and (g) otherwise with your consent. For more detailed information regarding our information sharing practices, please see below
WHAT INFORMATION OTHERS MAY COLLECT.	Third parties may collect and disclose certain identifiers, like IP address or cookie information, solely for the support of the internal operations of the Nickelodeon Sites, such as providing content or allowing features to run on the Nickelodeon Sites, serving contextual advertising, and using analytics and other tools to improve the quality and performance of the Nickelodeon Sites. For more information about third party data collection, please see section I(D) below. Some of these third parties, such as advertising networks that serve targeted advertising on websites and online services intended for older audiences, or analytics service providers that analyze the performance of the Nickelodeon Sites may use their own unique identifiers, and their use of these technologies is within their control and not ours. These companies may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. For more information about these third parties and how you might be able to control how they use your information, please see below
YOUR CONTROL OVER YOUR INFORMATION.	You have the right to access, update and correct factual inaccuracies in any personally identifiable information we collect about you. You can stop the delivery of commercial e-mail messages from the Nickelodeon Sites by following the instructions in e-mails you receive. You may have choices about the use of your information by third parties wishing to deliver certain targeted advertising to you. Parents and guardians can review any personally identifiable information collected about their children and request that such information be deleted and/or that no further information be collected. For more detailed information regarding your control over your information, please see below
WHO WE ARE	The Nickelodeon Sites are made available by the Nickelodeon Group. If you have any questions about our information handling practices, including our practices with respect to children's personal information, please contact us at: Nick.com CA Privacy Coordinator, c/o Nickelodeon Online, 1515 Broadway, New York, New York 10036. Or email us at: nickprivacy@nickonline.com. Or call this number: 212-846-2543. Other corporate affiliates may collect or maintain information through the Nickelodeon Sites. For more detailed information regarding who we are, please see below.

 

Table of Contents

I. INFORMATION COLLECTION AND USE.

A. Registration Information

B. Social Platform Registrations and Social Media Plugins

C. Computer Information Collected By Us

D. Computer Information Collected By Others

E. Contests and Sweepstakes

F. Electronic Postcards and Messages

G. Electronic Newsletters

H. Interactive Features and Services

I. Text Messaging Marketing and Promotions

J. Geolocation Information

K. Financial Information

L. Other Data Collection and Use

II. DISCLOSURE TO THIRD PARTIES.

A. Law Enforcement and Safety

B. Agents

C. Third Parties/Advertisers

D. Co-Branded Sites And Features

E. Viacom and Other Affiliated Businesses

F. Business Transfer

G. With Your Consent

III. INTERNATIONAL TRANSFER.

IV. SECURITY, STORAGE AND RETENTION OF INFORMATION.

V. ACCESSING AND CORRECTING INFORMATION.

A. Reviewing Your Information

B. Parental Access

VI. ONLINE SAFETY.

VII. LINKS TO THIRD PARTIES.

VIII. YOUR CALIFORNIA PRIVACY RIGHTS.

IX. CHANGES TO THIS PRIVACY POLICY AND NOTICE.

X. CONTACT US

 

 

I.INFORMATION COLLECTION AND USE.

We may request or collect certain information when you visit the Nickelodeon Sites. However, visitors are required to share only the information that is reasonably necessary to participate in the particular activity.

A.  Registration Information:  The information required to register varies by Site, but may include: (a) birth date; (b) gender; (c) country; (d) state; (e) zip code; (f) user name and password; (g) wireless telephone number; (h) email address; and (i) other profile information such as avatar preferences, communications preferences, and interests. If the Site either is directed to children under 13 or has actual knowledge that a user is under 13 years old, the child may be asked to provide his or her parent's or guardian's email address. For certain countries, child visitors or their parents/guardians will receive an activation email and must follow the procedures or otherwise agree to the terms within the activation email within a certain time period to activate the account; accounts not activated within that time period will be deleted.

Registration information is used to enable visitors to log into their accounts across different devices and platforms; take advantage of site offerings; respond to visitor's requests for products, services, and information; send communications to users in connection with their account; manage games; serve appropriate material; customize the content you see when you visit the Nickelodeon Sites; and offer visitors special offers and promotions from Nickelodeon Sites and the "Viacom family of companies" (which comprises Viacom International Inc. and its subsidiaries and affiliates), as well as on behalf of selected third parties offering products, programs or services, that we believe may be of interest to you.

Certain non-child-directed Sites may offer visitors opportunities to apply for certain programs or other employment, training or internship opportunities. In order to submit an application for any one of these opportunities, the applicant may be required to supply other pertinent personal information including, without limitation, full name, postal address, telephone number(s) and email address. Additional personal information and other information may be requested during the application process (but may not be required). Such submissions are also subject to the policies regarding such respective programs.

B. Social Platform Registrations and Social Media Plugins: Some of the Nickelodeon Sites permit or require users who are at least 13 years old to register or log into their account via a social networking platform such as Login with Facebook or Flux, or permit you to use social media plugins such as the Facebook "Like" or Google "+1" buttons. When you use these social networking platforms and plugins, your username and password for the services and other information available about you or collected from you on these services may be shared with us.

When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to their collection, use, and disclosure of such information. In addition, they may be able to collect information about you, including your activity on the Nickelodeon Sites, and they may notify your connections on the social networking platform about your use of the Nickelodeon Sites. Such services may also employ unique identifiers which allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising to you. For more information about logging into Facebook, please go here [https://www.facebook.com/help/292105707596942/]. For more information on Flux, please go here [http://www.socialproject.com/UserAgreements/enUS/privacypolicy.html]. Please note that their privacy policies may be different from our own and we encourage you to read them.

C. Computer Information Collected by Us:  When visitors come to a Site, we may automatically collect certain information from their computers or mobile devices, such as the type of computer operating system (e.g., Windows XP or Mac OS), the visitor's IP address, the web browser (e.g., Internet Explorer, Safari, Chrome and Firefox), UDID (for certain mobile devices), information about the websites visited before and after visiting the Site, the web pages and advertisements viewed and links clicked on within the Nickelodeon Sites, interactions with e-mail messages sent by a Site or the Viacom family of companies (e.g., links clicked on and whether the messages were opened or forwarded), information collected through the use of unique identifiers such as cookies (see below), information regarding the Internet service provider, and other standard server log information ("Computer Information").

We may use cookies, web beacons, tokens or similar technologies (collectively referred to as "Tracking Technologies") on the Nickelodeon Sites. "Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. "Web beacons" (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses.  "Tokens" are unique persistent identifiers that are generated and sent from a server, such as Adobe's Pass service, to a user's device to identify an interaction session, such as the authentication for a user's cable provider service, and which are usually stored as an HTTP cookie. The Site and/or third parties may use Tracking Technologies to collect Computer Information automatically as you browse the Site and the web.

We may use Tracking Technologies to help tailor our content, allow users to move between certain Nickelodeon Sites without logging into each Site, enable the internal functioning of the Nickelodeon Sites, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages originating from the Nickelodeon Sites or the Viacom family of companies (such as the links clicked on and whether the messages were opened or forwarded), save your password, save your online game or video player settings, enable you to use shopping carts, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Nickelodeon Sites.  These Tracking Technologies collect "click stream" data and additional other information regarding your visits to the Nickelodeon Sites (such as your visits to specific webpages, use of features, purchasing history or preferences), may collect such other information across multiple sessions on the Nickelodeon Sites and other websites offered by the Viacom family of companies and may also collect your IP address or some other identifier unique to the device you use to access the site ("Identifier"). An Identifier may be automatically assigned to any device you use to access the Nickelodeon Sites. When a cable television service subscriber authenticates his cable television service to view full episodes of Nickelodeon programing in the Nick mobile app, a third party token is stored on the user's mobile device so that the subscriber can view Nickelodeon television episodes in the future without having to re-authenticate his cable service subscription.

By visiting a Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to set and access Cookies on your device and track your activities and your use of a Site through these Tracking Technologies and Identifiers and that we may use Tracking Technologies in the emails we send to you.

The Nickelodeon Sites adhere to the Self-Regulatory Principles for Online Behavioral Advertising. See here [http://srp.mtvn.com/sitefaq.html] for more information about the Nickelodeon Sites and online behavioral advertising. Nickelodeon does not behaviorally target advertising to children under 13 on sites that are directed to children or where Nickelodeon has actual knowledge that a user is under  13.

Our Third Party Advertising Service Providers (as defined in Section D) do not have access to Tracking Technologies set by the Nickelodeon Sites except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you.

You have a number of options with respect to the Tracking Technologies set by the Nickelodeon Sites:

·You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must complete both of the steps following your browser type below:

o    Internet Explorer

1.     Delete existing Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature; and

2.     Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)

o  Google Chrome

1.     Delete existing Tracking Technologies through the "Clear Browsing Data..." sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature; and

2.     Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)

o  Mozilla Firefox

1.     Delete existing Tracking Technologies through the "Clear Recent History..." sub-option of the "History" menu option of your browser or otherwise as directed by your browser's support feature; and

2.     Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)

·         You may be able to have the device you use to access the Nickelodeon Sites warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Nickelodeon Sites. Additional information on warnings and removal of warnings may be available through your browser's support feature.

Please note that deleting, rejecting, disabling or turning off Tracking Technologies through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit here [http://kb2.adobe.com/cps/526/52697ee8.html]

Please be aware that certain areas and features of Nickelodeon Sites can only be accessed in conjunction with Tracking Technologies, and that disabling Tracking Technologies might prevent you from accessing such content.

D. Computer Information Collected By Others: Third parties may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Nickelodeon Sites for the purposes of supporting the internal operations of the Nickelodeon Sites, which can include, for example: 1) providing content or allowing features to run on the Sites; 2) serving contextual advertising; and 3) using analytics and other tools to improve the quality and performance of the Nickelodeon Sites. To the extent that third parties collect any personal information for any other purposes about users of the Nickelodeon Sites that are directed to children under 13 years of age, or where Nickelodeon has actual knowledge that a user is under 13 years of age, we will notify parents or guardians, including by listing those third parties here [http://www.nick.com/nick-assets/copy/third-parties.html], and will request parental consent for the collection of that data.

Among the service providers we engage, Nickelodeon Sites use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Nickelodeon Sites, help prevent you from seeing repeated advertisements, and measure and analyze traffic on the Nickelodeon Sites. On websites directed to older audiences, Third Party Advertising Service Providers may also be used to facilitate targeting of advertisements and measure and analyze advertising effectiveness ("Targeting Services"). These Targeting Services enable us, for older audiences, to display advertisements based on your visits to the Nickelodeon Sites and other websites you have visited and may include delivering advertisements or other content for products and services that may interest you. Targeting Services also enable us to research the usefulness of certain advertisements. See below for more information on this Site's use of Nielsen's proprietary measurement software to collect and use video viewing metrics and other information. Nickelodeon does not behaviorally target advertising to children under 13 on sites that are directed to children or where Nickelodeon has actual knowledge that a user is under  13.

These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Nickelodeon Sites except to the extent necessary to provide services to the Nickelodeon Sites. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you. In addition, Third Party Advertising Service Providers may collect aggregate log data separately and independently from what the Nickelodeon Sites collect.

You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not the Nickelodeon Sites. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and those sites may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. We encourage you to research and direct any of your questions in this regard to these third parties.

With respect to the Tracking Technologies set by Third Party Advertising Service Providers and advertisers (and outside the control of the Nickelodeon Sites), you have a number of options:

·         You can opt-out of the use of information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe and DoubleClick by using those Providers' opt-out tools.  You can access Adobe's tool at http://www.donottarget.com/ and DoubleClick's at http://www.google.com/intl/en/policies/technologies/ads/.  We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Information on the Nickelodeon Sites.  Some of these Providers and Advertisers may participate in the Network Advertising Initiative's Opt-Out Tool [http://www.networkadvertising.org/managing/opt_out.asp] and/or the Self-Regulatory Program for Online Behavioral Advertising [http://www.aboutads.info/choices/] Please click on the links to these tools to learn more about your choices.

·         Nielsen Measurement: The player on this website may feature Nielsen’s proprietary measurement software which will collect and use certain video viewing metrics and other information, in accordance with Nielsen’s digital measurement privacy policy. For more information about Nielsen’s measurement software, see http://www.nielsen.com/digitalprivacy and see the “Choices” section of that digital measurement privacy policy to learn about your choices with respect to Nielsen’s measurement, including your opt-out options if you do not wish to participate in such measurement and the scope of any opt-out options.

·         Please note the following with respect to opting out of Tracking Technologies set by Third Party Advertising Service Providers and advertisers:

·         The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you opt-out but then use the controls in your browser to delete all Tracking Technologies, you may have to opt-out again, a second time, in order to re-establish your opt-out preferences.

·         Opt-outs are browser-specific. This means, for example, that if you opt out while using Internet Explorer 9, this choice will not affect the collection of information collected by Tracking Technologies when you use Mozilla Firefox on the same device. It also means that opting out on one device will not affect the collection of information by Tracking Technologies on other devices you may use to access the Nickelodeon Sites.

·         You also can prevent the use of certain Tracking Technologies (other than Flash cookies) on a particular device by using the controls in your Web browser. To do so, you must complete both of the following steps:

1.     Delete existing Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature; and

2.     Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)

·         You may be able to set the device you use to access the Nickelodeon Sites to warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Nickelodeon Sites. Additional information on warnings and removal of warnings may be available through your browser's support feature.

·         Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers' Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers' Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on the Nickelodeon Sites.

·         PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. For more information about Flash cookies and how to remove them from your computer, please visit here [http://kb2.adobe.com/cps/526/52697ee8.html]

Do-Not-Track Signals and Similar Mechanisms.  Some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates.  Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them.  There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. 

 

We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals.  Instead, as set forth above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described above in Section I(C).

E. Contests, Sweepstakes and Promotions:  The Nickelodeon Sites may offer online contests, sweepstakes and promotions. To enter these contests, sweepstakes and promotions, you may be required to provide your first name and email address and/or additional information required for the management of the contest, sweepstakes or promotion.  On sites that either are directed to children under 13 or where we have actual knowledge that a user is a child under 13, we may collect the child's e-mail address to enter the child in the contest, sweepstakes or promotion, store such child's email address for the duration of the contest, sweepstakes or promotion, and use it for notification if he or she is the winner. For certain contests, sweepstakes or promotions on such sites, we may ask for the email address of the child's parent or guardian to inform the parent or guardian of his or her child's entry and give the parent or guardian the option to have the child's entry deleted.

F.  Electronic Postcards and Messages: Some Nickelodeon Sites provide visitors the opportunity to send electronic postcards and "wish lists" of items they want to family or friends, which means we will send, on the visitor's behalf, email messages to family and/or friends. To do so, visitors must provide the email address of the recipient of such electronic postcards or email messages. Visitors must only provide email addresses of people who they know would be happy to receive such electronic postcards or email messages. Email addresses provided to us for this purpose are used solely to send the requested postcard or email message and are deleted from our system once the postcard or message is sent.  In some cases, we may offer visitors an incentive (e.g., points to be used in an online game) for referring information about products to the visitor's family or friends.  In such cases, we will comply with all applicable legal requirements. Please note that this feature may not be available to visitors in certain regions or countries.

G. Electronic Newsletters: Visitors can provide their email addresses to receive email newsletters and promotions from the Nickelodeon Group, the Viacom family of companies, and our business partners.  Visitors may change their preferences regarding emails at any time through the unsubscribe link in the newsletters or, for certain Nickelodeon Sites, by logging into and changing the preferences for their account.

When visitors to Nickelodeon Sites that are directed to children under 13 ask to receive our email newsletter(s), they will be asked to provide their first name, email address and the email address of their parent/guardian. We will send the child's parent/guardian a notification email informing them of the child's request to receive by email the newsletter on an ongoing basis and give the parent/guardian the option to have his or her child's information removed from our newsletter database. The link to remove the child's information will expire approximately 48 hours from the time it is sent, but at any time after receiving this notification email, the child's parent/guardian may request that we stop sending the child the newsletter(s) by following the "unsubscribe" instructions found at the end of any of the newsletter emails.  Parents/guardians may at any time review any personally identifiable information collected online about their child. See section V(B) below. When a child provides a parent's/guardian's email address when signing up for newsletter(s), that email address is used to send the notification email message and is subsequently deleted from our system.

H. Interactive Features and Services: Some of the Nickelodeon Sites offer interactive features and services, such as message boards and comment boxes. For certain countries, on Nickelodeon Sites that either are directed to children under 13 or when we have actual knowledge that a user is a child under 13 years old, we either will obtain the consent of the child's parent/guardian before allowing the child to use these interactive features and services or use reasonable technical measures to delete all or virtually all personal information from a child's postings before they are made public and delete such information from our records. We use the information collected through interactive features and services to enable you to participate in such features and services.

I. Text Messaging Marketing and Promotions: Consistent with local law, appropriately aged visitors may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging ("Text Services"). If we do so, we will require your prior express consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations.

When you register for Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances will the Nickelodeon Group or the Viacom family of companies be responsible for any wireless email or text messaging charges incurred by such visitor or by a person that has access to a visitor's wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

We may share your personal information with the operational service providers that assist us in delivering Text Services and similar services to you, with the Viacom family of companies and as otherwise provided in "Disclosure to Third Parties" below.

Please note that you may always send a text message that says "HELP" to receive help on text messaging.

J.  Geolocation Information: We may collect and store information about your geographic location, but we will only collect precise geolocation information sufficient to identify street name and name of a city or town on Nickelodeon Sites that either are directed to users over 13 or when we have actual knowledge that a user is over 13 years old and only if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information. We use this information, for example, to enable visitors to take advantage of Site offerings; respond to visitor's requests for products, services, and information; manage games; customize the content visitors see when visiting the Nickelodeon Sites; and to offer visitors special offers and promotions from Nickelodeon Sites and the Viacom family of companies, as well as on behalf of selected third parties offering products, programs or services that we believe may be of interest to our visitors. By accepting this Privacy Policy and using the applicable Site, you hereby consent to the collection and storage of such geolocation information as described above.

K. Financial Information: We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below.

i.  Arcades:  Users who are of legal age to form a binding contract may purchase games available on the Nickelodeon Sites (e.g., games from Shockwave.com). Purchasing such games may require providing information to process the order including full name, billing and/or shipping addresses, billing address, email address, credit card number, control payment number, PIN, card security code, expiration date and/or a phone number. After successfully entering a valid credit card number/expiration date and completing the order process, an account is created. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law.   If you make purchases using a pre-paid card, we will not require you to enter any personally identifiable information to complete your purchase.

ii.  Consumer Products: Certain of the Nickelodeon Sites provide pages and/or links to pages offering visitors who are of legal age to form a binding contract the opportunity to purchase consumer products (the "Shops"). To do so, visitors need to provide contact, shipping, billing and credit information.  These pages may be hosted and operated by a third party that is independent and separate from the Nickelodeon Sites. This third party collects personal information about shop visitors and may share this information with us.  We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. Before providing information on these pages, we encourage you to review the posted privacy policies which govern such third party's use of your information, as they may differ from ours.

iii.  Virtual Items/Memberships: Some of the Nickelodeon Sites may offer memberships, online subscriptions and/or virtual items for use in conjunction with the Nickelodeon Sites' games. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law.  Please also see the information regarding payment processors in Section II(B) below.

L. Other Data Collection and Use.

We collect search query information when visitors search for information on the Nickelodeon Sites. We also collect information from visitors when they contact us with questions and comments.

We may use this information, along with any of the other information described above, to (i) analyze use of the Nickelodeon Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

We may combine information collected through the Nickelodeon Sites with information we collect from other sources (e.g., social media integration services), other Viacom family of company's sites, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so.

II. DISCLOSURE TO THIRD PARTIES.

We may share your information with third parties for the limited purposes described below. In the U.S., parents of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties.

A.  Law Enforcement and Safety.

You acknowledge, consent, and agree to the extent legally permissible in your jurisdiction to allow us to access, preserve, and/or disclose the information we collect and/or content you provide to us (including information you may have posted on bulletin boards or internal site communication systems) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use of the respective Nickelodeon Sites; (c) respond to claims that the content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the owners of the Nickelodeon Sites, any user of the Nickelodeon Sites, a third party or the general public.  We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others.

If you have concerns about the conduct of a particular user, please send an e-mail to nickprivacy@nickonline.com.  This email is not to contact us about the status of your account.

B.  Agents.

Information collected through the Nickelodeon Sites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as message boards, sweepstakes and contests, e-cards, payment processing, newsletters, and advisory boards, and to perform other technical and processing functions, such as sending postal mail and email, maintaining data integrity, programming operations, user services or technology services.  We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information.  Some of these agents, such as payment processors, may request additional information during the course of offering their services.  Before you provide additional information to third party agents, we encourage visitors to review their privacy policies and information collection practices.

C.  Third Parties/Advertisers.

Some Nickelodeon Sites partner with outside third parties to provide you with additional content, products, or services that we believe may be of interest. For example, we may partner with a greeting card company, software manufacturer, social media plugin provider, mobile phone provider or cable television service provider to offer you electronic cards, games, social networking, text messaging services or customized video content. These partners operate websites and services that are separate and independent from the Nickelodeon Sites and, accordingly, may have their own privacy policies. If you consent or register with one of our partners, that means you grant the Nickelodeon Sites permission to give your registration and other information, including e-mail address, to that third party. If you have identified yourself as residing in the EU, we will not share your email address or other personally identifiable information with third parties for advertising purposes unless you have "opted-in."

In addition, Third Party Advertising Service Providers may use their own Tracking Technologies to gather information about you. Please see Section I(D) above for more detailed information regarding such use of Tracking Technologies.

For more information on our use of third party advertisers and the self-regulatory principles, please click here [http://srp.mtvn.com/sitefaq.html]

D. Co-Branded Sites and Features

Some Nickelodeon Sites offer co-branded services and features, such as events and promotions that we put together with another company ("Co-Branded Partner"). Such services may be hosted on a Site and/or our Co-Branded Partner's website. We may share your information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and affirmatively consent to both the Nickelodeon Sites and our Co-Branded Partner collecting and using the information you provided during registration and/or in connection with the specific co-branded feature for fulfillment, marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's future use of your information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service.

E.  Viacom and Other Affiliated Businesses

The Nickelodeon Sites are part of the Viacom family of companies. Where permitted by law, we may share information we collect about you within the websites of the Viacom family of companies' and other affiliated businesses so that we can, for example, provide you with information about products and services that might interest you.

F. Business Transfer

In the event that assets relating to one or more of the Nickelodeon Sites are transferred or sold to another entity as a result of, for example, a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy, information collected at the Nickelodeon Sites may be transferred to the acquiring company.

G. With Your Consent

We may otherwise disclose your information pursuant to your consent.

III.  INTERNATIONAL TRANSFER.

The Nickelodeon Sites are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access certain of the Nickelodeon Sites, we make no representation that the Nickelodeon Sites are operated in accordance with the laws or regulations of, or governed by, other nations.

If you are located in the European Economic Area ("EEA") or Switzerland, please click here [http://www.viacom.com/privacypolicy/Documents/Privacy_Shield_Privacy_Policy_Viacom.pdf] to see our Privacy Shield Privacy Policy which includes detailed information on our privacy policy and practices with respect to personal information transferred to the U.S. and note that we may take additional measures to protect your personal data.

If you are located outside of the U.S., the EEA and Switzerland, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any personal information and other information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.

By using this Site, participating in any Site activities and/or providing us with your personal information and other information, you (a) consent to the transfer and/or processing of any Information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (c) understand that we shall collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your personal information or other information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

IV.  SECURITY, STORAGE AND RETENTION OF INFORMATION.

The Nickelodeon Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Nickelodeon Sites conduct financial transactions via secured transmissions. We limit access to visitor's information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts.

Information collected at the Nickelodeon Sites will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal requirements.

V.  ACCESSING AND CORRECTING INFORMATION.

A.  Reviewing Your Information

You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the Nickelodeon Sites, subject to certain exceptions.  To do so, you should log into your account or you may e-mail us at nickprivacy@nickonline.com.  To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access.

See the Terms of Use for how registered users of this Site who are California residents and are under 18 years of age may request removal of content or information in postings.

B. Parental Access

Parents/guardians of children under the age of 13 can print out and mail or fax us a signed form that allows them to review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. You can download the form here [http://www.nick.com/info/personal-information-access.html]. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian.

VI.  ONLINE SAFETY.

Some of the Nickelodeon Sites offer you and your child an online safety guide which we encourage you to use as starting point for discussing safety and privacy concerns with your child. Of course, involvement in your family's online lives is the most important safety tool available. Some of the various guides are available here:

·       http://www.nick.com/club/parents-online-safety-guide.html

VII.  LINKS TO THIRD PARTIES.

The websites that comprise the Nickelodeon Sites may contain links to other sites, including those of sponsors, advertisers, social networking platforms, and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.

VIII.  YOUR CALIFORNIA PRIVACY RIGHTS.

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to or write us: nickprivacy@nickonline.com email, or you may contact us via regular mail at:

Nick.com CA Privacy Coordinator

Nickelodeon Online

1515 Broadway

New York, New York 10036

This document is the sole statement of the Nickelodeon Sites' Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Privacy Policy in other languages, the Privacy Policy in English governs.

IX. CHANGES TO THIS PRIVACY POLICY AND NOTICE.

We reserve the right to revise this Privacy Policy at any time for any reason in our sole discretion by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We shall post or display notices of material changes on the Site's homepage or otherwise on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy often for updates.

X. CONTACT US

If you have any other questions about our information handling practices, including our practices with respect to children's personal information, or would like further information regarding the Nickelodeon Sites that are directed to children under 13 years of age, please contact us at:

Nick.com CA Privacy Coordinator

c/o Nickelodeon Online

1515 Broadway

New York, New York 10036

Or email us at: 

nickprivacy@nickonline.com

Or call this number: 

212-846-2543

Other corporate affiliates may collect or maintain information through the Nickelodeon Sites.

 

 

END USER LICENSE AGREEMENT

 Effective Date: October 13, 2016

 (See Summary of Most Significant Changes [http://btg.mtvnservices.com/legal/Changes/K+F/] to learn more.)

 

This is a legal agreement ("Agreement") between you and Nickelodeon, a business unit of Viacom Media Networks, a division of Viacom International, Inc. ("VMN") (Viacom International Inc., along with its parent company Viacom Inc. and all affiliates that Viacom Inc. directly or indirectly owns or controls (such as Paramount Pictures Corporation and the other affiliates of Viacom Media Networks as described in the link here [http://viacom.com/brands/pages/default.aspx], shall be referred to collectively as "VII," "we," "us" or "our")covering your use of software published by VMN, for use on mobile devices, tablets, personal computers and other devices, as well as all related elements including, but not limited to updates and upgrades, manuals, online materials, files and documentation of any kind (collectively, the "Software") where such Software includes an authorized link to this Agreement. Be sure to read the following agreement before using the Software. By installing, accessing and using the Software, you are hereby agreeing to be legally bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the software and remove all copies of it from your devices.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS OF THE AGREEMENT, AND YOU ARE AGREEING THAT ANY CLAIMS YOU MAY HAVE AGAINST US WILL BE RESOLVED IN ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO BRING CLAIMS IN COURT, TO HAVE THOSE CLAIMS HEARD BY A JUDGE OR JURY, AND TO FILE CLAIMS ON BEHALF OF ANYONE BUT YOURSELF AND YOUR FAMILY, UNLESS YOU SUBMIT A VALID OPT-OUT NOTICE AS DESCRIBED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

 

1.             SCOPE OF LICENSE

 

1.     VMN hereby grants you a personal, non-exclusive, non-assignable and non-transferable license, without the right of sublicense, to use and display, for noncommercial and personal use only, the Software which you may download on to any single computer and any associated smartphones, tablets and other related devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacturer, "app store" provider or platform operator (e.g. Apple, Google, Microsoft, Amazon, Barnes & Noble). The rights granted hereunder are subject to your compliance with the terms and conditions of this Agreement. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, circulate, or in any way transfer or assign the Software or any part thereof (including, without limitation, building databases of content contained in the Software), to any third party (including, without limitation, the display and distribution of the Software via a third party website) without the express prior written consent of VMN. You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the Software, except to the extent permitted by applicable law. You may not rent, lease, sell or sublicense the Software. You may not copy the Software other than as specified herein. You may not make the Software available over a network which allows multiple users or devices to access the Software at once. You may not remove any proprietary notices or labels on the Software. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

2.     Separate from any backup functionality (if any) offered by the device manufacturer or "app store" provider" you may make one (1) backup copy of the Software for non-commercial use, provided any copy must contain all of the original Software's proprietary notices.

 

3.     VMN retains all rights not expressly granted hereunder

 

2.             AUTOMATIC COMMUNICATIONS FEATURES.

 

The Software includes functionality that requires it to perform certain communications over the Internet as part of its normal operation. The communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software's communications features. If you do not maintain a connection to the internet, certain features and functions of the Software may not work, or may not work properly.

 

3.             CHATROOM/MESSAGE BOARDS

 

1.     To the extent that portions of this Software provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of VMN. In no event shall VMN assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any defamatory, tortious, or otherwise unlawful information. VMN may sweep its chatrooms and/or message boards periodically in its sole discretion. VMN does not allow Postings which contain:

 

§  private or personal information which might identify a user

 

§  profanity or obscenities

 

§  personal attacks on other individuals

 

§  defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that VMN deems in its sole discretion to be inappropriate for this Site.

 

2.      The communication features of the Software may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although VMN periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, VMN will make every effort to ensure that the chatrooms/message boards/"Write to Nick" best serve the interests of all users and, therefore, VMN reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy) please contact [copyright@mtvn.com]to send us a message about it (please refer to our Copyright Compliance Policy [http://www.nick.com/info/copyright.html] for any notices covered by the Copyright Compliance Policy). 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.

 

4.             OWNERSHIP OF INTELLECTUAL PROPERTY

 

1.         Title, ownership rights, and intellectual property rights in the Software shall remain at all times in VMN and/or its subsidiaries, affiliates, assigns, licensors or other respective owners. The Software is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

 

2.         You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

 

3.         The Software may allow you to create user-generated content, including but not limited to Postings, screenshots, user generated artwork, or other material. In exchange for use of the Software, you hereby grant VMN a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.

5.         TEXT MESSAGING MARKETING AND PROMOTIONS

Consistent with local law, appropriately aged visitors may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging (collectively, “Text Service(s)”) on wireless devices such as mobile phones and, if we do so, we will obtain appropriate consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations. The information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such as your preferences regarding goods or services, choices of music or artists, or other similar survey information and/or an email address. Depending on the Text Service and the information collected, you may also be required to confirm your agreement to this Agreement (including, but not limited to, the Privacy Policy and Rules of Participation).

If you register for the Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall VMN or VII be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

You understand, acknowledge and agree that we may, at our sole discretion and without liability to you or any user, terminate our offer of any specific Text Service or all Text Services at any time without advance notice. VMN may provide notice of terminations or changes in services on this Software.

6.         CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING

In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.

If you have a complaint regarding the Software’s compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please go here [http://media.viacom.com/accessibility/].

 

7.             PRIVACY POLICY

 

Your privacy is important to us. Your use of the Software is subject to the Nickelodeon Privacy Policy, which describes VMN's information collection, storage and sharing practices. By installing the software, you consent to the Privacy Policy.

 

8.             DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").

 

The Software may include third party DRMs which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software. DRMs may be able to revoke your ability to use applicable content. VMN is not responsible for the operation of the DRM in any way, including revocation of your content. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless VMN for any claim relating to your use of a third party DRM.

 

9.             CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES

 

VMN provides rules and/or guidelines ("Rules of Participation") for certain activities associated with the Software including, without limitation, contests, sweepstakes and giveaways by VMN and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

 

10.             IN-APP PURCHASES

 

The Software may permit you to make purchases from within the Software, via the provider (e.g. the Apple App Store orGoogle Play) (each an "E-Commerce Service and collectively the "E-Commerce Services"). Additional terms may apply to your use and access of these E-Commerce Services, such as the iTunes Terms ofUse,and all such Additional Terms are incorporated herein by reference. Some of the E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. VMN does 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 such third party, and you irrevocably waive any claim against us with respect to such sites. To the fullest extent permissible pursuant to applicable law, we are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider.We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider. VMN does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. VMN and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

 

11.             TERM; TERMINATION

 

The term of this Agreement shall commence on the date that you install or otherwise use the Software, and ends on the earlier date of either your removal of the Software from your devices, or VMN's termination of this Agreement. Also, the license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must remove or destroy all copies of the Software.

 

12.          DISCLAIMER AND LIMITATION OF LIABILITY

 

THIS SOFTWARE IS DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLIABLE LAW, VMN IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SOFTWARE RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NICKELODEON, ITS AFFILIATES, AND THEIR 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 OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NICKELODEON OR ANY THIRD PARTY. INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NICKELODEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VMN'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE, OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SOFTWARE.

Some jurisdictions do not allow for the exclusion or limitation of certain warranties or the exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this Agreement may not apply to you.

 

13.          INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless, VMN, its affiliates, and their respective officers, directors, employees, agents, licensors and representatives from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. VMN 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 VMN in asserting any available defenses.

 

14.          RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

See our FAQs for more information [http://legal.viacom.com/FAQs/].

1. Binding Arbitration and Exclusions from Arbitration. EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SUB-SECTION 5 BELOW), ANY AND ALL CLAIMS BETWEEN YOU AND VII WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and VII agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or VII, except that you and VII agree that the following will not be subject to the mandatory arbitration provisions in this Sub-section 1: (A) any Claim filed by you or VII with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, VII, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Software and/or (B) you or VII may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in Section 15 below in connection with any Claim whereby you or VII, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a Claim under Sub-section 1(A)), where such Claim under this Sub-section 1(B) will not be subject to the informal dispute resolution procedures described in Sub-section 2 below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with this Section of the Agreement. You and VII agree that this Agreement affects interstate commerce, and that the enforceability of this Section of the Agreement will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees). “Claim(s)” means any dispute, claim or controversy by or between you and/or VII relating to the Software and/or this Agreement (including, but not limited to, this Software’s Privacy Policy and any additional terms that govern certain products and/or services which are presented in conjunction with those products and/or services, Rules of Participation, regulations, procedures and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims

2. Informal Dispute Resolution. Except with respect to Claims described in Sub-section 1(B) above, before either you or VII pursue or participate in any Claim against the other party in arbitration or court proceedings, you or VII must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to VII at 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. VII may send written or electronic notice of its Claim to your email address, VII account or any physical or other address VII has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Sub-section 1(B) above, you and VII agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and VII do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in this Section of the Agreement or court as permitted by Sub-section 1 above.

3. Arbitration Proceedings and Costs. Any arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA’s website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website (see Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and, for arbitrations in California, https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822, but contact the AAA if you have issues accessing these links) and arbitration proceedings shall be initiated in the location described in Section 15 below. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to VII, which should be sent to VII at the following address: 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and VII shall exchange documents and other information that you or VII intend to use in the arbitration.

Upon filing of an arbitration demand for Claims up to $75,000, VII will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish VII to pay such fees directly to the AAA, you must request payment of such fees by VII by mail to the AAA along with your form initiating arbitration and VII will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse VII for all fees associated with the arbitration paid by VII on your behalf. You agree that VII shall have no obligation to pay any other fees except as determined by the arbitrator.

For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

4. Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SUB-SECTION 5), YOU AND VII AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and VII expressly agree that any Claim is personal to you and VII, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and VII, then this Agreement to arbitrate will be unenforceable. Neither you nor VII consent to class arbitration.

5. Right to Opt Out of Mandatory Arbitration and Class Action Waiver. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SUB-SECTIONS 1, 3 AND 4, YOU MUST NOTIFY VII IN WRITING (THE “Arbitration/Class Action Waiver Opt-Out Notice”), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Viacom Inc., Attention: Viacom Legal Department, Records Management, 1515 Broadway, 51st Floor, New York, NY 10036.

(b) Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Software on or after 6/30/2016 (“Agreement to Arbitrate Date” except as provided in (C) below), 45 days after the date you accept this Agreement for the first time, unless an earlier deadline in Sub-section 5.2(C) applies, (B), if you are already a registered user of the Software before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Software on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section of the Agreement, if any, was sent to the email address associated with your user registration, unless an earlier deadline in Sub-section 5.2(C) applies or (C) for all other users of the Software, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, which Agreement to Arbitrate Date shall be, and the 45 days shall be calculated to start on, December 31, 2016 for users of apps, unless a longer period is required by applicable law.

Time Periods Applicable to Users of Multiple VII Websites, Applications or Other Interactive Services. If you are or become a user of more than one VII website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any VII website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a VII website prior to August 1 who logins on August 1 and registers as a new registered user of another VII website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15)).

(c) Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the VII website(s), application(s) or other interactive services(s) along with an identification of the VII website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.

(d) Includes a statement that you do not agree to the mandatory arbitration and class action waiver.

If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4 with respect to all VII websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by Viacom Inc. and the corporate affiliates that Viacom Inc. directly or indirectly owns or controls such as those described in the link here [http://www.viacom.com/brands/pages/default.aspx]). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4.

15.          GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, AND JURY TRIAL WAIVER

With the exception of the provision above that the enforceability of Section 14 above is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state’s conflict of laws rules).

You or VII shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) VII may request to transfer the arbitration to New York County, New York if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to New York County, New York or (ii) if you do not agree to such request, VII shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and VII agree that any Claim that is allowed to proceed in court as set forth in Section 14(1) above (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Borough of Manhattan, New York City, State of New York.

To the extent it may be applicable, you and VII agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND VII WAIVE ANY RIGHT TO A JURY TRIAL.

16.          MISCELLANEOUS

 

1.         The Software may not be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

 

2.         This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the Software, 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 and all matters or issues collateral thereto shall be governed by and construed in accordance with the laws of the State of New York without giving effect to the principles thereof relating to conflicts of law. Any legal proceeding of any nature brought by either party against the other party to enforce any right or obligation under this Agreement shall be submitted for trial before any court of competent jurisdiction in the County of New York, State of New York. Each of the parties hereto (i) irrevocably consents to personal jurisdiction by any such court and (ii) submits to the venue and jurisdiction of any such court and agrees to accept service of process outside the State of New York in any matter to be submitted to any such court pursuant hereto. Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that New York is an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Software or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST NICKELODEON AND ITS AFFILIATES.

 

3.         To the extent you post any comments or product reviews or you send to us any comments or product reviews via email or any customer service portal about any of our mobile games, you hereby grant to Nickelodeon and its affiliates a worldwide, royalty-free, nonexclusive license to use your name or user name and/or any of your comments or product reviews (in whole or in part, with or without attribution), without any compensation or obligation to you.

 

17.             NO ASSIGNMENT.

 

This Agreement is personal to you, and may not be assigned without VMN's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If VMN does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, VMN may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective.

 

Nickelodeon is a member of the Viacom family of companies.

 

© 2016 Viacom International Inc. All rights reserved.

 

Summaries of Most Significant Updates

 

Please read the entire modified Terms of Use Agreement and Privacy Policy for more detailed information, as this summary is only intended as a quick overview (and not a full description) of the significant updates or the sections which contain significant updates.

 

Summary of Most Significant Updates (February 9, 2016)

 

Terms of Use, "RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS": With a few exceptions, all claims must be resolved in binding arbitration and only on an individual (and not class action) basis. This section also describes certain requirements that apply before and on commencing an arbitration, how certain arbitration costs may be handled and the requirements if you wish to opt-out of the mandatory arbitration and class action waiver.

 

Terms of Use, "GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER": Any arbitration will be held in the U.S. county or territory of your residence except if you do not reside in the U.S. and are subject to VII's request to transfer an arbitration to New York, New York as described in this section. Any permitted court actions will still be held in New York.

 

Terms of Use, "TEXT MESSAGING MARKETING AND PROMOTIONS": We've included information about text messaging services.

 

Terms of Use, "CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING": We've described in these Terms how to contact us regarding closed captioning which has also been available through a link on the Site.

 

Privacy Policy, Section I(I): We've updated information about text messaging services.

 

Privacy Policy, Section III: We’ve updated to provide a link to our Privacy Shield Privacy Policy describing our practices with respect to personal information transferred from the EU to the US.

 

Summary of Most Significant Updates (October 14, 2016)

 

Terms of Use, "DISCLAIMER AND LIMITATION OF LIABILITY": We’ve updated the disclaimer and limitation of liability.

Arbitration and Class Action Waiver Provisions: Frequently Asked Questions

 

1.     What do the arbitration and class action waiver provisions in the Terms of Use Agreement mean?

 

You may still pursue Claims (as defined in the Terms of Use Agreement) against VII (as defined in the Terms of Use Agreement), but (with a few exceptions) you must pursue your Claims in a binding arbitration proceeding (and not in a court) and only on an individual (and not class action) basis.

 

2.     What is arbitration? What is a class action?

 

Arbitration is a process to resolve legal claims outside of court. Arbitrations are conducted by a neutral decision maker (such as a former judge) and will be administered, in this case, through the American Arbitration Association. The procedures in arbitration are generally more informal and usually faster than lawsuits in court. For example, in arbitration, there is no jury and there is limited opportunity for review or appeal of an arbitration decision. Arbitrators can grant the same kinds of relief for meritorious Claims as courts can.

 

A class action lawsuit is one in which one or more named plaintiffs sue as representatives of a defined class of similarly situated individuals so long as certain requirements are met.

 

By agreeing to the Terms of Use Agreement, with a few exceptions, you agree not to bring or participate in a class action and agree that all Claims will be resolved in a binding arbitration proceeding.

 

3.     What does it mean to opt out of the arbitration and the class action waiver provisions?

 

If you would like to be able to pursue Claims against VII in court (rather than in an arbitration proceeding), or participate in a class action to pursue Claims (rather than bringing Claims on an individual basis), you must submit a valid request to opt out of the arbitration and class action waiver provisions. See the "Right to Opt Out of Mandatory Arbitration and Class Action Waiver" subsection of the "Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations" section of the Terms of Use Agreement for more information on how to submit a valid request to opt out (the Arbitration/Class Action Waiver Opt-Out Notice, as defined in the Terms of Use Agreement). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

 

4.     How much time do I have to opt out?

 

You have 45 days, but when that 45 day period starts depends on if you are a registered user or not and if you are a registered user before these provisions are first launched and effective. If you register as a new user of a VII website, application or other interactive service on or after the date on which these provisions are first launched and effective, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days after the date you register as a new user, unless an earlier deadline applies. If you are already a registered user before the date on which these provisions are first launched and effective, unless an earlier deadline applies, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days of the earlier of either (a) the date of your first login on or after the date on which these provisions are first launched and effective or (b) the date on which email notice, if any, of this Terms of Use Agreement was sent to the email address associated with your user registration. If you are a user, but not a registered user, unless a longer period is required by applicable law, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days after you accept the Terms of Use Agreement for the first time on or after the date on which these provisions are first launched and effective, unless you are a user of an app or other interactive service, in which case your Agreement to Arbitrate Date may instead be deemed to be December 31, 2016.

 

If you are a user of more than one VII website, application or other interactive service, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by the earliest deadline applicable to you for any VII website, application or other interactive service.

 

Examples of how much time you have to send a valid Arbitration/Class Action Waiver Opt-Out Notice:

 

Here are some examples of opt out timing, if these provisions are first launched and effective on this VII website, application or other interactive service on August 1 and no advance email notice of this Terms of Use Agreement is sent:

 

I am a longtime registered user of the site before August 1: If you login on August 15, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days after your first login after the date these provisions were launched).

 

I registered as new registered user of the site on August 15: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (within 45 days of your registration after the date these provisions were launched).

 

I visit the site on August 1 but am not a registered user: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 15 (within 45 days of your first visit to the site once these provisions were launched).

 

I downloaded an app for the first time on April 15, and the Agreement to Arbitrate Date is different from the EULA effective date, which is instead deemed to be December 31, 2016: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by February 14, 2017 (within 45 days of December 31, 2016).

 

I downloaded an app for the first time on August 15, and the Agreement to Arbitrate Date is different from the EULA effective date, which is instead deemed to be December 31, 2016: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by February 14, 2017 (within 45 days of December 31, 2016).

 

I visit the site on August 1, but do not register as a registered user until August 15: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 15 (within 45 days of your first visit to the site once these provisions were launched), rather than September 29 (45 days after you first register).

 

I am a longtime registered user of the site before August 1 who logs in on August 15, and I register as a new registered user on another VII website on September 1: You must submit a valid Arbitration/Class Action Waiver Opt-Out Notice by September 29 (45 days after your first login once these provisions were launched), rather than October 16 (45 days after you first register on the other VII website).

 

5.     If I want to opt out, do I need to do so for each VII website, application or other interactive service I use?

 

No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, that opt out applies to all VII websites, applications or other interactive services.

 

6.     If I want to opt out, do I have to do so each time I accept a new Terms of Use Agreement for any VII website, application or other interactive service?

 

No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, you do not need to opt out of the arbitration and class action waiver provisions again for any new Terms of Use Agreement for any VII website, application or other interactive service.