Quick Index

· Terms of Use
· Restrictions on use of materials
· Disclaimer
· Privacy Policy
· Confidentiality and Transmissions over the Internet
· User Conduct and Obligations
· Submissions
· Indemnification by User
· Third- Party Web sites, Content and Products and Services
· Proprietary Rights
· Notice of Copyright Infringement
· General
· Contact Information

Terms of Use

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

Use of HIT Entertainment web sites (such as: www.bobthebuilder.com, www.hitentertainment.com, www.barney.com and www.angelinaballerina.com) are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this web site. Your use of HIT Entertainment web sites, or of any content presented in any and all areas of those web sites, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this web site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or web site. We suggest you print a copy of each of these documents for your records.

HIT Entertainment 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 effectively immediately following the posting of such changes on this web site. The most recent version of these Terms of Use may always be found at http://www.hitentertainment.com/legal/index.html. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this web site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on 2nd March 2002.

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Restrictions on use of materials

This site is owned and operated by HIT Entertainment PLC (referred to as "HIT Entertainment," "we," "us," or "our" herein). No material from HIT Entertainment.com or any web site owned, operated, licensed or controlled by HIT Entertainment 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 Entertainment's (or its applicable affiliate's) copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All copyrights, trademarks, service marks and trade names are proprietary to HIT Entertainment PLC, unless stated otherwise (e.g., all copyrights, trademarks, service marks and trade names on www.barney.com are proprietary to Lyons Partnership, L.P., etc.).

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 Entertainment (or its applicable affiliate). HIT Entertainment does not transfer title to the Software to you. You own the medium on which the Software is recorded, but HIT Entertainment (or its applicable affiliate) 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.

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Disclaimer

This web 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. Unless otherwise indicated on this web site, you may display, download, archive, reformat and print a single copy of any information on this web site for such personal use.

The performance of this web site and all information contained on, downloaded or accessed from this web site are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. HIT Entertainment shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof, including any injury or damage to your or any other person's computer as a result of using this web site.

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

As a visitor to our web site, you acknowledge and agree that any reliance on or use by you of any information available on this web site shall be entirely at your own risk. In no event shall HIT Entertainment nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this web site, even if HIT Entertainment or such provider has been advised of the possibility of such damages.

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Privacy Policy

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

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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.

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User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this or any HIT Entertainment web site. Furthermore, you agree that you shall not:

a. upload, post or otherwise transmit through or to this web site any content that:

i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
iii. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
b. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our web site, its computer systems, servers or networks;

c. 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;

d. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

e. collect information about other visitors to our web site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

f. sell access to or the use of this web site, including any content contained on, downloaded or accessed from this web site;

g. redistribute any content, including 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

h. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

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Submissions

HIT Entertainment no longer accepts the unsolicited submission of programme ideas. Projects will only be considered through the following channels:

If you wish to make a submission in compliance with the above policy, please download the following submissions pack for more information, or contact submissions@hitentertainment.com.

Please note that any other unsolicited submissions will be returned unread.

Many thanks for your co-operation.

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Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this web site or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

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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 organizations 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 organizations, 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.

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Proprietary Rights

HIT Entertainment, Bob the Builder™, Barney™, Angelina Ballerina™, 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.

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Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this web site in a manner that you believe constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material on our web site that is claimed to be infringing or to be the subject of infringing activity.
    4. The address, telephone number or e-mail address of the complaining party.
    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.
    6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

HIT Entertainment
5th Floor, Maple House
149-150 Tottenham Court Road
London W1T 7NF

(44) 207 554 2500

E-mail: contactus@hitentertainment.com

IMPORTANT: We at HIT Entertainment are committed to establishing our services in as many languages as possible. However, our company is based in the United Kingdom and United States and our staff are English-speaking. We apologize, but we can only correspond in English.

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General

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.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this web 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.

These Terms of Use shall be governed by and construed in accordance with the laws of the European Union applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in the European Union.

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Contact

If you have any questions or concerns about our web site or these Terms of Use, please feel free to contact us at contactus@hitentertainment.com.

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