The following is the agreement between you and the Nickelodeon Virtual Worlds Group ("us" or "we") and are the applicable rules when you visit and play
on any of the Nickelodeon Virtual Worlds (the "Agreement"). It is very important that you understand and follow these rules and if there are any
parts that you do not fully understand, please discuss them with one of your parents. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF
THE Nickelodeon Virtual Worlds sites. By using any of the Nickelodeon Virtual Worlds sites or by clicking a box that states that you
the Nickelodeon Virtual Worlds.
A. Rules of Conduct:
Each of the Nickelodeon Virtual Worlds may have specific rules regarding how to play
the games and interact on the particular site, but all the Nickelodeon Virtual Worlds share certain core principles regarding appropriate
behavior. These Rules of Conduct are those shared principles.
1. Play Safely: The best safety policy is to follow your parents'
rules regarding playing online. We also have safety guides on each of the Nickelodeon Virtual Worlds and you should read those guides.
2. Do Not Try To Share Personal Information. Please do not try to
share with anyone your personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of
yourself, instant messenger username or telephone number. Likewise, do not ask for any such information from other users. If you think anything
is suspicious, make sure to report it email@example.com
3. Respect The Community: Remember, many different people enjoy
playing on the Nickelodeon Virtual Worlds. In order that everyone continues to enjoy the Nickelodeon Virtual Worlds, it is important that
everything you post or send through the Nickelodeon Virtual Worlds is family friendly. That means you should not attempt to post any of the
profanity, obscenities ("swear words") or sexual content (express or implied).
attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person.
information that might identify another player
requests for player passwords (including offers to take care of another's account).
romance role playing.
"spamming" (repeatedly posting the same message) or "party boards".
gangs, gang-slang, or the promotion of gangs.
promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway).
"cheats" or "hacks", or information or links to sites claiming to have these
other information that we deem, in its sole discretion, to be inappropriate for this site.
4. Other Players Also Enjoy The Nickelodeon Virtual Worlds:
If you see something you don't like, remember that all the stuff on the message boards, chat rooms and other communication areas comes straight from
other players, not from us. We 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 the Nickelodeon Virtual Worlds to be good, clean places to hang out.
5. Playing The Nickelodeon Virtual Worlds Is Not A Way To Make Money
: As a guest you do not own the accounts, activities, items, virtual currency, characters, locations, games and avatars on the Nickelodeon
Virtual Worlds; they are for you to play with while on the Nickelodeon Virtual Worlds. Except as permitted by the functionality of the respective
Nickelodeon Virtual Worlds, you can't sell anything for real money. This means that you cannot try to make money off the virtual items or currency in
your account or even sell the time it took you to collect such items. If we find someone selling virtual items or currency, we will freeze every
account controlled by that player and every account of the player who purchased such virtual currency or items.
6. You are a Guest; Please Act as Such. You are a guest on the Nickelodeon Virtual Worlds and you should act accordingly and respect
the other guests you meet. We reserve the right to prohibit the use of the Nickelodeon Virtual Worlds to any player at any time. Please be
a good guest.
7. Posting Your Stuff on the Nickelodeon Virtual Worlds. If you write something that catches our eye anywhere on the Nickelodeon
Virtual Worlds, we might want to use it. By posting material on the Nickelodeon Virtual Worlds or through the Nickelodeon Virtual Worlds'
functionality (and getting your parent's permission to do so if you are under the age of 18), 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?
8. Inactivity. We work very hard at making the Nickelodeon Virtual Worlds fun and enjoyable for everyone because we want you to stay
active. However, if you choose to stop playing on the Nickelodeon Virtual Worlds, we reserve the right to permanently erase your account and
everything associated with your account including items or privileges that may have been licensed through the payment of money to us or our licensing
partners. Currently, our policy is to terminate any account that has not been active for eighteen months.
9. Respect Other People's Creative Material. We respect the creative material/intellectual property of others, and we ask our
players to do the same. We may, in appropriate circumstances and at out discretion, terminate the accounts of players who infringe the intellectual
property rights of others.
10. Do Not Share Your Account. You shall not share your account with anyone or allow anyone else other than you personally to
access or use your account, other than your parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. You
will be held responsible for any activity that occurs on an account registered to you.
B. Use of Content/Intellectual Property
1. Your License to Our Content/Intellectual Property. All site software, design, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, programs, routines, objects, files data, characters/avatars (including all attributes comprising or
associated with any player account such as virtual currency, trophies, virtual pets, game statistics, and virtual items), player and pet names, games
or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the
property of Nickelodeon Virtual Worlds Group 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.
We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use and
solely for purposes permitted by, and in a manner consistent with the terms of this Agreement and the game rules applicable to each individual site,
one copy of any material and/or software that you may download from the Nickelodeon Virtual Worlds, 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 us. Use of our and/or our 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. You hereby expressly waive any legal rights you may have to do
so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
Any such attempt shall exceed the "authorized access" you have to the Nickelodeon Virtual Worlds as that term is defined under 18 U.S.C. §
1030. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state
Any and all rights not specifically and expressly granted by us herein are reserved, and no license, permission or right of access or use not granted
expressly herein shall be implied. Any use of the Nickelodeon Virtual Worlds not expressly authorized by us is strictly forbidden and will be
regarded as an infringement of our copyrights in and to the Nickelodeon Virtual Worlds and/or the individual games within the Nickelodeon Virtual
Worlds. You agree that you will not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source code from,
modify, disassemble, decompile or create derivative works based upon the Nickelodeon Virtual Worlds or any game contained therein; (b) use cheats,
automation software, hacks, or any unauthorized third party software to modify the Nickelodeon Virtual Worlds, any activity or game within the
Nickelodeon Virtual Worlds or to change any designed game play; (c) use the functionality of the Nickelodeon Virtual Worlds for transferring any
in-game currency, item, avatar or account to another user in exchange for payment outside the Nickelodeon Virtual Worlds; or (d) perform any in-game
services or activity on another user's account in exchange for payment outside the Nickelodeon Virtual Worlds (e.g., obtaining trophies for other
2. Our License to Your Content/Intellectual Property. By uploading or otherwise submitting any materials to us and/or the Nickelodeon Virtual
Worlds, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to us a
perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works
from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised)
throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without
limitation, the European Economic Community) in those materials have been waived.
3. Our Copyright Policy
. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright
infringement on the Nickelodeon Virtual Worlds and to promptly end any infringement that might occur. If you believe that any of the Nickelodeon
Virtual Worlds contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy .
C. Links And Advertisements
1. Third Party Links. On the
Nickelodeon Virtual Worlds there may appear URLs, hyperlinks or any other form of link or re-direction (collectively "Links") that take you outside of
the Nickelodeon Virtual Worlds to sites that are beyond our control. When you click on these Links, you are taken to sites not under our
by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party
sites. We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content
contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or
advertised at such third party sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the
results obtained from the use of such information contained in these sites. Finally, under no circumstances will we 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
sites accessed through Links on our Nickelodeon Virtual Worlds sites.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in
search results or identified on search results pages.
We encourage discretion when visiting third party sites and considering the products and/or services offered on such sites. We strongly encourage
you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third
parties. As such, you hereby irrevocably waive any claim against us with respect to such third party sites.
2. Ads and Malware. We take
great care and pride in creating these Nickelodeon Virtual Worlds. We are always on the lookout for technical glitches that effect how the Nickelodeon
Virtual Worlds work. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see
our Nickelodeon Virtual Worlds--and that is beyond our control.
If you experience any unusual behavior, content or ads on any of the Nickelodeon Virtual Worlds, it may be the result of Malware on your computer.
Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious
intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue
programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Nickelodeon Virtual Worlds is
working properly, sometimes Malware programs on your personal computer may interfere with your experience on our sites and on other sites that you
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to
carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest
you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to firstname.lastname@example.org.
1. Posting Content Via Site Functionality. The Nickelodeon Virtual Worlds contain various features that may permit players, consistent with
applicable laws, to post ideas, content, information and opinions ("Postings"). In no event do we assume or have any responsibility or liability
for anything posted by you or another player. 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, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that
would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability.
Further, you agree not to abuse our communication features by "spamming" (posting numerous identical messages).
The communication features on the Nickelodeon Virtual Worlds may be used for noncommercial purposes only. You are not permitted, without our express
written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious,
political, sexual orientation, or social cause nature), promotions, or advertising or solicitations of any kind or nature. You specifically acknowledge
that soliciting other players of the Nickelodeon Virtual Worlds to join or become members of any commercial online service or other organization or
group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
Each site may have there own particular rules regarding communicating with other players but some basic guidelines apply to all of the Nickelodeon
Virtual Worlds. First, be respectful of other players and always remember that children may be playing on the Nickelodeon Virtual Worlds.
If you try to post something that we deem inappropriate, in our sole discretion, your account will be terminated. Second, we don't allow players
to try to get other players to communicate off the Nickelodeon Virtual Worlds. Thus, your account may be terminated is you ask for information
such as other players' IM, email address, physical address or suggest that you and the other player should go to a third party site so you can
communicate more freely. Likewise, do not supply any such information about yourself to other players. Remember all communications are
filtered and may be viewed by monitors to make sure your communications with others are appropriate.
2. Communications with Us. Each one of the Nickelodeon Virtual Worlds provides methods to
communicate with us regarding your account, concerns about other players, site questions, etc. First, when we communicate with you, WE WILL NEVER
REQUEST YOUR PASSWORD. Second, please do not spam the communication features and make sure that you only communicate through the proper
communications channels designated to address your questions. If you don't use the proper communications channels for your particular question,
you may not receive a response.
E. Rules Applicable to Certain Other Services Offered on the Nickelodeon Virtual Worlds: Some of the Nickelodeon Virtual Worlds may
offer additional services and offers like the ability to purchase virtual items, subscription-based services, contest and sweepstakes. For such
additional services and activities, there may be specific rules of participation which appear in connection with information about a particular
activity and you will have to agree to those rules in order to participate, subscribe, purchase or license. This Agreement is incorporated by
reference to the applicable rules of participation. Any such terms of participation are in addition to this Agreement, and in the event of a
conflict, prevail over this Agreement as applied to those services and activities.
1. Disclaimer And Limitation Of Liability. THE NICKELODEON
VIRTUAL WORLDS AND ALL MATERIALS CONTAINED ON THE NICKELODEON VIRTUAL WORLDS 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
We are 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 Nickelodeon Virtual Worlds or with respect to the information and material contained on the Nickelodeon Virtual Worlds. 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, WE, OUR 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 VIRTUAL WORLDS OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall our 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 the Nickelodeon Virtual Worlds.
2. Termination of Account/Site Content.
The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us, if, in our sole discretion, you
fail to comply with this Agreement or the applicable game rules posted on the individual Nickelodeon Virtual Worlds. We also reserve the right to
terminate your access to any of the Nickelodeon Virtual Worlds at any time. Finally, we reserve the right to change, modify, delete any of the
Nickelodeon Virtual Worlds or any of their respective content or features at our sole discretion.
3. Indemnification. You
agree to indemnify, defend and hold harmless, us, ours affiliates, and their respective officers, directors, employees, agents, licensors,
representatives, and third party providers to the Nickelodeon Virtual Worlds from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement by you. We reserve 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 us in asserting any available
4. Applicable Law, Venue, Jurisdiction. The Agreement and the relationship between you and us
shall be governed by the laws of the State of New York without regard to its conflict of law provisions. For any dispute arising under this Agreement,
you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of New York. You further
agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 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 any of the Nickelodeon Virtual
Worlds or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Interpretation. This
Agreement contain the entire 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 curtailed to the extent necessary to make it legal
and enforceable and will remain, as modified, in full force and effect.
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 Agreement in other languages, the Agreement in English governs.
6. Modification. We reserve
the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will notify you of these
changes consistent with applicable law. Once we modify the Agreement, these changes become effective immediately and if you use the Nickelodeon Virtual
Worlds after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of
this Agreement regularly so you are aware of the most current rights and obligations pursuant to your agreement with us.
7. International Transfer of Information. As we operate globally, we may need to transfer to and process personally identifiable information
8. Content Disclaimer:
Please note that Neopets and its Neomail e-mail service are not in anyway related to or affiliated with Ernie Miller or his Neomail e-mail software
program. Please note that Neopets and the "Chia" species are not in any way related to or affiliated with Joseph Enterprises' "Chia Pet" or any
other Joseph Enterprises products bearing its registered trademark "CHIA."
9. Location: We operate and
control the Nickelodeon Virtual Worlds from its offices 1515 Broadway, New York, New York10036, United States of America and
450 N. Brand Blvd, Glendale, California, 91203
. No software from the Nickelodeon Virtual Worlds 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.