These Terms and Conditions of Use (the "Terms of Service") apply to the Club Penguin Legacy web site located at www.cplegacy.com, and all associated sites linked to www.cplegacy.com by Club Penguin Legacy, its subsidiaries and affiliates, including Club Penguin Legacy sites around the world (collectively, the "The Site"). The Site is the property of Club Penguin Legacy and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Club Penguin Legacy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Club Penguin Legacy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
In particular, you and we are agreeing to arbitrate any disputes between us by accepting these Terms, and you are waiving your right to file a lawsuit in court on your own (aside from matters that may be brought in small claims court) or on behalf of others in a class action, unless the European General Data Protection Regulation provides otherwise.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
By using Club Penguin Legacy or any of the services we provide, you certify that you understand that Club Penguin Legacy is not affiliated with The Walt Disney Company and/or the Disney Interactive Media Group (collectively referred to as "Disney"), and you hereby release Disney, as well as any of its employees or agents, from any and all liability, corporate, or personal loss caused to you or others as a result of your or others' use of Club Penguin Legacy.
These Terms and Conditions of Use (the "Terms of Service") apply to the Club Penguin Legacy web site located at www.cplegacy.com, and all associated sites linked to www.cplegacy.com by Club Penguin Legacy, its subsidiaries and affiliates, including Club Penguin Legacy sites around the world (collectively, the "The Site"). The Site is the property of Club Penguin Legacy and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Club Penguin Legacy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Club Penguin Legacy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
In particular, you and we are agreeing to arbitrate any disputes between us by accepting these Terms, and you are waiving your right to file a lawsuit in court on your own (aside from matters that may be brought in small claims court) or on behalf of others in a class action, unless the European General Data Protection Regulation provides otherwise.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
By using Club Penguin Legacy or any of the services we provide, you certify that you understand that Club Penguin Legacy is not affiliated with The Walt Disney Company and/or the Disney Interactive Media Group (collectively referred to as "Disney"), and you hereby release Disney, as well as any of its employees or agents, from any and all liability, corporate, or personal loss caused to you or others as a result of your or others' use of Club Penguin Legacy.
Unless expressly stated otherwise in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Web site, or other medium for publication or distribution, or for any commercial enterprise, without Club Penguin Legacy’s express prior written consent.
You may use information on Club Penguin Legacy products and services (such as data sheets, knowledge base articles, and similar materials) made available by Club Penguin Legacy for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, and (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available. Club Penguin Legacy maintains the right to prohibit such behavior.
You may not use hacking, password "mining," or any other illicit methods to gain unauthorized access to any section or feature of the Site, or any other systems or networks connected to the Site or any Club Penguin Legacy server, or to any of the services offered on or through the Site.
You may not probe, scan, or test the vulnerability of the Site or any network linked to the Site, nor may you circumvent the Site's or any network connected to the Site's security or authentication procedures. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other Club Penguin Legacy customer, including any Club Penguin Legacy account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for in the Terms and Conditions.
You agree not to take any activity that places an unreasonably or disproportionately large demand on the Site's infrastructure, Club Penguin Legacy's systems or networks, or any systems or networks connected to the Site or Club Penguin Legacy .
You undertake not to use any device, program, or routine to interfere or try to interfere with the correct operation of the Site or any transaction conducted on the Site, or with the use of the Site by any other person.
You may not forge headers or otherwise manipulate identifiers to conceal the origin of any message or transmission you submit to Club Penguin Legacy over the Site or any service offered via the Site. You may not pretend to be, or represent, someone else, or impersonate any other person or entity.
You may not use the Site or any Content for any purpose that is illegal or prohibited by these Terms of Use, or to solicit the performance of any illegal or other action that violates Club Penguin Legacy's or others' rights.
Certain features or services available on or through the Site may necessitate the creation of an account (including setting up a Club Penguin Legacy ID and password). You are fully responsible for maintaining the security of your account's information, including your password, as well as any and all activity that occurs under your account as a consequence of your failure to keep this information safe and secret. You undertake to notify Club Penguin Legacy promptly of any unauthorized use of your account or password, as well as any other security violation. You may be held accountable for Club Penguin Legacy’s or any other user's or visitor's losses suffered as a consequence of someone else accessing your Club Penguin Legacy ID, password, or account as a result of your actions.
You may not use anybody else's Club Penguin Legacy ID, password, or account without the express permission and approval of the holder of that Club Penguin Legacy ID, password, or account at any time. Club Penguin Legacy cannot and will not be held accountable for any loss or damage caused by your failure to meet these responsibilities.
This Site is subject to Club Penguin Legacy's Privacy Policy, and its provisions are incorporated into these Terms of Use by this reference. Click here to see Club Penguin Legacy's Privacy Statement. Furthermore, you realize and accept that Internet transmissions are never totally private or safe. You acknowledge that any message or information you submit to the Site may be accessed or intercepted by others, even if a specific transmission (for example, credit card information) is encrypted.
This Site may include links to third-party independent Web sites ("Linked Sites"). These Linked Sites are provided purely for the benefit of our users. Club Penguin Legacy has no control over such Linked Sites, and Club Penguin Legacy is not responsible for or endorses the content of such Linked Sites, including any information or materials published on such Linked Sites. You must use your own independent judgment while interacting with these Linked Sites.
CLUB PENGUIN LEGACY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CLUB PENGUIN LEGACY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLUB PENGUIN LEGACY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLUB PENGUIN LEGACY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CLUB PENGUIN LEGACY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CLUB PENGUIN LEGACY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Club Penguin Legacy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY CLUB PENGUIN LEGACY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A CLUB PENGUIN LEGACY SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CLUB PENGUIN LEGACY SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO CLUB PENGUIN LEGACY SITES OR CHANGE THE CLUB PENGUIN LEGACY SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
You agree that you will be responsible for your use of the Services, and that you agree to defend and indemnify Club Penguin Legacy and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Your access to, use of, or alleged use of the Services; (b) Your violation of any part of the Club Penguin Legacy Terms, any representation, warranty, or agreement referenced in the Club Penguin Legacy Terms, or any applicable law or regulation; (c) Your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between You and any third party. Club Penguin Legacy reserves the right, at Club Penguin Legacy's own cost, to take on the exclusive defense and control of any matter subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Club Penguin Legacy defense of that claim.
Club Penguin Legacy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Club Penguin Legacy's rights or property, or the rights or property of visitors to or users of the Site, including Club Penguin Legacy’s customers. Club Penguin Legacy reserves the right at all times to disclose any information that Club Penguin Legacy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Club Penguin Legacy also may disclose your information when Club Penguin Legacy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Club Penguin Legacy may preserve any transmittal or communication by you with Club Penguin Legacy through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Club Penguin Legacy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Club Penguin Legacy, its employees, users of or visitors to the Site, and the public.
You agree that Club Penguin Legacy may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Club Penguin Legacy, for which monetary damages would be inadequate, and you consent to Club Penguin Legacy obtaining any injunctive or equitable relief that Club Penguin Legacy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Club Penguin Legacy may have at law or in equity.
You agree that Club Penguin Legacy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Club Penguin Legacy does take any legal action against you as a result of your violation of these Terms of Use, Club Penguin Legacy will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Club Penguin Legacy. You agree that Club Penguin Legacy will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Subject to the requirements of applicable consumer rights and other laws, these terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These terms of use take effect as an agreement and separately as a notice which limits the basis on which Club Penguin Legacy makes The Site available. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The www.cplegacy.com Site is administered and maintained by Club Penguin Legacy from its headquarters in Redwood City, California, USA; additional Club Penguin Legacy sites may be administered and operated from other locations outside the United States. Although the Site is available internationally, not all of the features, goods, or services mentioned, referenced, supplied, or offered through or on the Site are available to all people or in all geographic places, or are appropriate or available for use outside the United States. Club Penguin Legacy maintains the right, in its sole discretion, to limit the availability and quantity of any feature, product, or service to any individual or geographic region. Any offer made on the Site for any feature, product, or service is void where prohibited. If you choose to visit the Site from a location outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use, export, or re-export any Content, or any copy or modification of such Content, or any product or service offered on the Site in contravention of any relevant laws or regulations, including without limitation US export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Club Penguin Legacy with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Club Penguin Legacy with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with Club Penguin Legacy, Club Penguin Legacy will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Club Penguin Legacy’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Club Penguin Legacy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Club Penguin Legacy and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Club Penguin Legacy gives access to Club Penguin Legacy international data, so allusions or cross references to Club Penguin Legacy goods, programs, and services that have not been disclosed in your country may appear. Such a mention does not mean that Club Penguin Legacy intends to introduce such goods, programs, or services in your country.
Please do not distribute Unsolicited Submissions on or through the Site since our policy prohibits us from accepting or considering them. We aim to avoid future misunderstandings when initiatives created by us or under our supervision appear to others to be similar to their own creative effort. As a result, we request that you not distribute any unsolicited submissions. In any case, you acknowledge that any Submissions you make are not made in confidence or trust, that no confidential or fiduciary relationship is intended or formed between you and us in any manner, and that you have no rights to any Submissions you make.
Unless otherwise noted, the requirements of these conditions of use apply equally to Unsolicited Submissions and Solicited Submissions. As a result, we, our licensees, distributors, agents, representatives, and other authorized users shall have the right to exploit and reveal all Submissions, and we shall have no liability to you or any person claiming through you for any such exploitation or disclosure.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on The Site, on third party websites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
