HIT Entertainment - Terms and Conditions

Terms and Conditions

Terms of Use

Welcome to the HIT Entertainment Limited ("HIT") Terms of Use section. HIT web sites are best viewed using a contemporary browser.

Use of HIT web sites (including but not limited to: www.hitentertainment.com and other web sites affiliated with HIT) (each a "Site") are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the Site. Your use of HIT Sites, or of any content presented in any and all areas of those Sites, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices posted on the Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or Site.

HIT shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Site. The most recent version of these Terms of Use may always be found at www.hitentertainment.com/terms/. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on 27 April 2010.

Restrictions on use of materials

This Site is owned and operated by HIT Entertainment Limited and its affiliates and subsidiaries (referred to as "HIT" "we," "us," or "our" herein). All content on this Site, including, without limitation, all programs, interface layout, interface text, images, documentation and graphics, animations, audio clips, video clips, and other copyrightable elements, and the arrangement thereof, and all copyrights, trademarks, service marks, trade dress and trade names, are the property of HIT and/or its affiliates, subsidiaries, assigns, licensors or other stated owners and are protected by international and United States copyright laws. No material from the Site or any web site owned, operated, licensed or controlled by HIT may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of HIT's (or its licensors') copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or computer environment is prohibited.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by HIT (or our third party licensors) for your personal, non-commercial home use only. HIT does not transfer title to the Software to you. You own the medium on which the Software is recorded, but HIT (or our third party licensors) retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Registration

To access certain areas or features of this Website, you may be asked to register and to provide HIT with certain information about yourself. Should you choose to register on this Website, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least thirteen (13) years old. For information about our privacy practices, click here for our Privacy Policy. You are responsible for providing HIT with true, accurate, and updated information about yourself. If you provide any information that is untrue or inaccurate, or which HIT reasonably believes is untrue or inaccurate, HIT reserves the right to suspend or terminate your use of this Website.

You shall not use a username or password that HIT, in its sole discretion, deems offensive or inappropriate. HIT reserves the right to deny creation of your account based on HIT's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately email us at privacyadmin@hitentertainment.com to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your HIT account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. If the computer system on which you accessed this Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of this Website. You may terminate your account at any time by contacting us at privacyadmin@hitentertainment.com. Notwithstanding anything else herein, HIT reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account at any time and certify that you currently have no other account(s) with this Website.

Submissions

It is HIT's company policy not to accept the unsolicited submission of new programme ideas. Projects will only be considered via our online submissions portal and through the following channels:

Agents
Publishers
Content providers for the entertainment industry e.g. production companies, broadcasters etc

If you wish to make a submission on this basis, please email submissions@hitentertainment.com for details of how to submit. Please do not send any materials to this email address.

If you wish to post to the Website or otherwise send us comments, images, video, photographs, contest or sweepstakes entries, messages to other Website users, or unsolicited creative ideas, suggestions, or materials (each a "Submitted Material" and collectively, the "Submitted Materials"), the Submitted Materials shall be deemed, and shall remain, the property of HIT. None of the Submitted Materials shall be subject to any obligation of confidence on the part of HIT and HIT shall not be liable for any use or disclosure of any Submitted Materials. You agree not to make any claim against HIT as a result of the use or non-use of the Submitted Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity). You understand that you will not be paid any money or receive any form of compensation for giving HIT these rights, or for agreeing to this Agreement. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU.

HIT reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submitted Materials. Without limitation of the foregoing, HIT shall have the right to use and change the Submitted Materials in any manner that HIT may determine. You acknowledge that HIT may or may not pre-screen Submitted Materials, but HIT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submitted Materials. HIT may, in its sole discretion, monitor the Submitted Materials of all users, but HIT cannot be responsible for the views or opinions expressed. HIT neither endorses the contents of any user communications or Submitted Materials nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby. HIT may delete or terminate, in its sole discretion, any and all information and/or Submitted Materials, at any time, without notice, for any reason, including without limitation, online conduct that it believes is harmful to other users, the business of HIT, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by HIT elsewhere on this Website.

Digital Millenium Copyright Act

If you are a copyright owner or an agent thereof and have a good faith reason to believe that the material on this Website infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on this Website, then you may notify HIT using the procedures set forth below (see 17 U.S.C. 512(c)(3) for further detail):

Your notice must be in writing and include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that has allegedly been infringed upon;
A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work (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);
An identification of the URL web address on www.hitentertainment.com or other specific location where the allegedly infringing material is located;
Contact information for the notifying party, including name, the name and title of the person contacting HIT on the owner's behalf, the address, telephone number, and, if available, email address;
A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner or authorized to make the complaint on behalf of the copyright owner.

Please contact HIT's designated Copyright Agent to submit notifications of claimed infringement at the following address:

HIT Entertainment Limited
Attn: Legal Department
230 Park Avenue South, 13th Floor
New York, New York 10003
USA
Fax: 646-467-5335
Email: copyright@hitentertainment.com

Only DMCA notices should go to the Copyright Agent above; any other feedback, technical support requests or other communications should be directed to HIT's customer service as follows:

United States and Canada: FisherPriceConsumerRelations@Mattel.com
All other countries: FisherPriceConsumerRelations@Mattel.com

You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

If you materially misrepresent that online material is infringing, you may be liable for damages (including costs and attorneys fees) incurred by a copyright owner, alleged infringer or HIT as a result of HIT's reliance on the misrepresentation.

Once we receive this information, HIT may remove or block access to the allegedly infringing material, and will make reasonable attempts to notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a counter-notification to our Copyright Agent which must include:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location on this Website at which the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Contests and Sweepstakes

In the event that HIT chooses to offer certain activities on this Site, including without limitation, contests and sweepstakes, by HIT and in conjunction with third parties, HIT may post rules specifically governing your participation in the offered activity ("Rules of Participation"). 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 is for informational and entertainment purposes only. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. HIT makes no representation that any materials on a Site are appropriate or authorised for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access a Site, you do so at your own risk, on your own initiative and with sole responsibility for your safety. You are responsible for complying with all applicable laws.

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HIT SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF, FAILURES IN PERFORMANCE, DELAYS OR INTERRUPTIONS, INACURRACIES OR ERRORS IN MATERIALS, VIRUSES OR CONTAMINATION, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.

HIT reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Site or any information contained thereon without liability or notice to you.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, HIT, ITS AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL HIT'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.

YOU SPECIFICALLY ACKNOWLEDGE THAT HIT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY BY YOU.

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: www.hitentertainment.com/privacy.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not:

upload, post or otherwise transmit through or to this web site any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- infringes or violates the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorised access to any portion of our Site, its computer systems, servers or networks;
provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
sell access to or the use of this Site, including any content contained on, downloaded or accessed from this Site;
redistribute any content, including, but not limited to, financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other digital, electronic or paper-based service or method; or
intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

We reserve the right to edit or remove messages or materials submitted by you.

HIT cannot and does not guarantee that other Website users will comply with the user conduct and obligations above.

Independent Investigation

HIT reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever HIT becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on HIT's servers and systems. During an investigation, HIT may remove any and all disputed material from HIT's servers and systems. If HIT believes, in its sole discretion, that a violation of the terms and conditions of this Agreement has occurred, HIT may take any action it deems appropriate under the circumstances known to it, which may include removal of material from HIT's servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organisations that operate such web sites; (ii) the content, privacy policies or other terms of use on such web sites; or (iii) such third-party products and services. As we have no control or responsibility over web sites or content maintained by other organisations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You agree that HIT shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such website. Any concerns regarding any third party website should be directed to its respective website administrator, system operator, or web master.

Proprietary Rights

HIT Entertainment, Bob the Builder, Barney, Angelina Ballerina, Thomas the Tank Engine, and Pingu and any other copyrights, trademarks and proprietary rights on this web site are the property of HIT Entertainment unless otherwise stated (e.g., an affiliate of Hit Entertainment and/or a third-party co-owner). Any unauthorized use of these marks is unlawful. All content on this web site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, downloadables (screensavers and desktop wallpapers), is the copyrighted property of HIT Entertainment (or as otherwise stated) and is protected by international copyright law. The content on this web site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Comments

HIT is pleased to hear from its loyal fans everywhere and welcomes your comments regarding the HIT Site, products and services.

Please use the CONTACT US form on the Site to submit any comments and feedback.

General

HIT shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. HIT reserves the right to deny access to the Site to anyone at any time, and to terminate these Terms of Use at any time without notice in its sole discretion. Upon termination, you must cease all use of the Site and destroy any materials obtained from such Site and all copies thereof. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided that, in the event of any conflict between these Terms of Use and such other terms, the terms of these Terms of Use shall control. These Terms of Use contain the entire agreement between you and HIT with respect to the Site and supersede all prior understandings or agreements with respect to the Site.

You agree that these Terms of Use, our Privacy Policy, and other notices posted on this Site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

Any rights not expressly granted to you are reserved by us.

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws provisions. You hereby consent generally and unconditionally to the exclusive jurisdiction of the English courts.

Contact

If you have any questions or concerns about the Site or these Terms of Use, please use the CONTACT US form on the Site to submit any questions or concerns.