Terms of Service

TERMS OF SERVICE

This is the legal part of the story. Pacha needs to be sure that everybody knows the rules for her web site. Be sure to get with your parents to review and discuss the following rules:

  1. All the toys and games here are just for you to play with. You can’t pretend you made them, sell them, or give them to anyone. The only thing you can do is play with them, unless you ask us first and we say it’s OK.
  2. If you write something that catches our eye in “Write to Pacha,” or on a message board, we might want to use it on the site. By sending 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 or Youtube video. It means we can use it in any way we want, anywhere, until the end of time. But wouldn’t that be amazing if we used something YOU said until the end of time?
  3. And remember to ALWAYS check with your parents before you send us anything. Who knows – they might want it on the Fridge!

Of course, the folks in legal have their own secret code words for saying all that. Here’s their version (otherwise known as The Small Print):

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). This Site at pachaspajamas.com is fully controlled and operated by Pacha’s Pajamas Online, a business unit of BALANCE Edutainment. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Pacha’s Pajamas Online. 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 June 15th, 2011.

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 Pacha’s Pajamas Online and/or its subsidiaries, affiliates, assignees, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Pacha’s Pajamas Online 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 Pacha’s Pajamas Online. Use of Pacha’s Pajamas Online 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/”WRITE TO PACHA”
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 Pacha’s Pajamas Online. In no event shall Pacha’s Pajamas Online 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 Pacha’s Pajamas Online 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, Pacha’s Pajamas Online will have the right to use and change the Postings in any manner that Pacha’s Pajamas Online may determine. Additionally, Pacha’s Pajamas Online may sweep its chatrooms and/or message boards periodically in its sole discretion.

Pacha’s Pajamas Online 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 Pacha’s Pajamas Online deems in its sole discretion to be inappropriate for this Site.

The “Write to Pacha” 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 Pacha’s Pajamas Online periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Pacha’s Pajamas Online will make every effort to ensure that “Write to Pacha” best serves the interests of all users and, therefore, Pacha’s Pajamas Online 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.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
Pacha’s Pajamas Online provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by Pacha’s Pajamas Online 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.

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. Pacha’s Pajamas Online 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, Pacha’s Pajamas ONLINE, 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 Pacha’s Pajamas ONLINE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Pacha’s Pajamas Online’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 and/or postcards generated by third parties does not constitute endorsement by Pacha’s Pajamas Online, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Pacha’s Pajamas Online does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Pacha’s Pajamas Online 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 Pacha’s Pajamas Online 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, Pacha’s Pajamas Online 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, Pacha’s Pajamas Online, 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. Pacha’s Pajamas Online 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 Pacha’s Pajamas Online in asserting any available defenses.

MISCELLANEOUS
Pacha’s Pajamas Online operates and controls this Site from its offices in California, United States of America. This Site is intended for residents of the United States only. 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.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the pachaspajamas.com web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING pachaspajamas.com THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service, reports of e-mail abuse, etc.) to the contact listed below. You will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Host Gator

Name of Agent Designated to Receive Notification of Claimed Infringement: Dave Room

Full Address of Designated Agent to Which Notification Should be Sent:

5807 Fremont St, Oakland, CA 94608

Telephone Number of Designated Agent: (510) 285-7075

E-mail Address of Designated Agent: admin@pachaspajamas.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied; etc.);
  4. A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

These terms and conditions were last updated on June 15, 2011.