This is the legal part of our website.
It's just so everybody knows the rules for Klasky Csupo on the Web.
Be sure to get your parents to review and discuss these rules with you:
1. All the toys and games here are just for you to play with.
You can't sell them, give them to anyone, or pretend you made them.
You can't do anything EXCEPT play with them, unless you ask us first and we say it's OK.
Kind of like playing with your big sister's toys, right?
2. If you see something you don't like, remember that all the stuff on the message boards, or online “slam books” comes straight from other kids, not from someone at KlaskyCsupo.com.
KlaskyCsupo.com wouldn't tell kids what to say, because kids have minds of their own!
But if someone sends ugly messages, we'll do our best to take care of it.
We all want KlaskyCsupo.com to be a good, clean place to hang out.
3. If you write something that catches our eye on a message board, we might want to use it on the site.
By sending in your thoughts, and getting your parent’s permission to do so, you and your parents are telling us it's ok to repeat what you say.
It's even ok to put it in an advertisement.
It means we can use it in any way we want, anywhere, until the end of time.
And wouldn't it be cool if we used something YOU said until the end of time?
Remember to ALWAYS check with your parents before you send anything to us.
After all, they might want it to put on the fridge!
Of course, the folks in the legal office upstairs have their own secret code for saying all that.
Here's their version (also known as The Small Print):
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This Site at KlaskyCsupo.com (including KlaskyCsupo.com, cooltoons.com, classkeychewpo.com, tonecasulties.com) is fully controlled and operated by Klasky Csupo, Inc. ("Klasky Csupo").
By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Klasky Csupo.
If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.
Such changes and/or modifications shall become effective immediately upon the posting thereof.
Please review the terms and conditions periodically.
Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
For your information, this page was last updated on July 16, 2001.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Klasky Csupo and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Klasky Csupo hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Klasky Csupo.
Use of Klasky Csupo and/or its licensors' Material is only permitted with their express written permission.
You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
MESSAGE BOARDS/ONLINE “SLAM BOOKS”
To the extent that portions of this Site 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 Klasky Csupo.
In no event shall Klasky Csupo 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 libelous, tortious, or otherwise unlawful information.
You hereby authorize Klasky Csupo to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.
Without limiting the foregoing, Klasky Csupo will have the right to use and change the Postings in any manner that Klasky Csupo may determine. Additionally, Klasky Csupo may sweep its chatrooms and/or message boards periodically in its sole discretion.
Klasky Csupo does not allow Postings which contain:
private or personal information which might identify a user
profanity or obscenities
personal attacks on other individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
other information that Klasky Csupo deems in its sole discretion to be inappropriate for this Site.
The message boards/online “Slam Books” 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 Klasky Csupo periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties.
Nonetheless, Klasky Csupo will make every effort to ensure that the message boards/online “Slam Books” best serve the interests of all users and, therefore, Klasky Csupo reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Klasky Csupo 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 this Site or with respect to the information and material contained on this Site.
The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KLASKY CSUPO, 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 KLASKY CSUPO OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall Klasky Csupo’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks generated by third parties does not constitute endorsement by Klasky Csupo, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Klasky Csupo does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Klasky Csupo is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites.
As such, neither Klasky Csupo nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
Finally, Klasky Csupo will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Klasky Csupo, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you.
Klasky Csupo 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 Klasky Csupo in asserting any available defenses.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify Klasky Csupo of your copyright infringement claim in accordance with the following procedure.
Klasky Csupo will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent,which is the webmaster of this site who can be reached at the following fax number: 323-463-2565.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MISCELLANEOUS
Klasky Csupo operates and controls this Site from its offices at 6353 Sunset Boulevard, Hollywood, California 90028, United States of America.
This Site is intended for residents of the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.
If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California and County of Los Angeles.