Sonic ZooTots WhoTotssm Terms & Conditions
TERMS AND CONDITIONS OF WEB SITE USE
Please read these terms and conditions of use carefully before playing
Sonic’s ZOO TOTS WHO TOTSSM web site interactive game (the “Web
Site”). This Web Site is provided by Sonic Industries Services,
Inc., and its parent company and affiliates, including advertising
agencies Barkley Evergreen & Partners, Inc., and Creative Consumer
Concepts, Inc., in partnership with the American Zoo and Aquarium
Association (collectively, "ZOO TOTS WHO TOTS Group," "we" and “us”).
Your use of this Web Site is subject to these Terms and Conditions
of Web Site Use (the "User Agreement"). Please read this
User Agreement and the other information referred or linked to in
this User Agreement carefully and be sure you understand it, since
it is a legally binding agreement that contains important information
about our Web Site and your permitted use of it. From time to time
we may unilaterally modify this User Agreement, so it is important
that you review this User Agreement every time you use this Web Site.
ATTENTION: PLEASE READ ALL OF THE TERMS OF THIS USER AGREEMENT CAREFULLY BEFORE USING THE WEB SITE. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN DO NOT USE THIS WEB SITE.
1. Registration and Your Account
When you enter the Web Site, you will be asked to sign up or log
in or play as a guest. You may customize, play and save your settings
when you e sign up or log in to play. You may also save your tots
and save scores. When you sign up or log in, you will need to register
or already have a registered account that you can open by creating
or entering a username that will also serve as the name for the graphical
representation of a character in the virtual world (such representation,
a "flamingo"). Do not use personal information that can
identify who you are when choosing your username. At the time your
account is opened, you must also select a password. After providing
your username and password, you are responsible for maintaining the
confidentiality of your account and password and are responsible for
any harm resulting from your disclosure, or authorizing the disclosure
of, your password or from use by any person of your password to gain
access to your account or username. All information is kept confidential
and is not released to any unaffiliated third party for any purpose.
ZOO TOTS WHO TOTS Group owns the information collected on this Web
Site and does not share the information with any unaffiliated third
party for any purpose. ZOO TOTS WHO TOTS Group encourages families
to explore together online, but realizes that the opportunity for
kids to use the Internet unsupervised is a reality.
If you do not comply with these terms and conditions, ZOO TOTS WHO TOTS Group reserves the right to suspend or delete any or all of your accounts, block your access to this Web Site, or take further legal action as described more fully below. ZOO TOTS WHO TOTS Group reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it. Reactivation may take several minutes. ZOO TOTS WHO TOTS Group reserves the right to discontinue the Web Site at any time for any reason without any liability to anyone.
2. Right to Use this Web Site
ZOO TOTS WHO TOTS Group grants you a limited, non-exclusive, non-transferable,
revocable license for you to use this Web Site for your personal entertainment,
information, education, and communication, upon all of the terms of
this User Agreement. This Web Site contains materials and other items
relating to ZOO TOTS WHO TOTS and related products and services, and
similar items from our business partners, licensors, and licensees,
and other affiliated third parties (collectively, the "Content").
The Content may be in the form of information, text, data, images,
graphics, button icons, registered and unregistered trademarks, illustrations,
photographs, audio clips, music, sounds, pictures, videos, software,
or other forms and formats now known or later invented. In using this
Web Site, you must respect the intellectual property rights of ZOO
TOTS WHO TOTS Group and others, all as outlined below. Your unauthorized
use of Content may violate copyright, trademark, privacy, publicity,
communications, and other laws, and any such use may result in your
personal liability, including potential criminal liability.
3. Copyrights
All Content is copyrighted, and it is either owned or used with permission
by ZOO TOTS WHO TOTS Group. ZOO TOTS WHO TOTS Group disclaims any
representation or warranty that your unauthorized use of Content will
not infringe upon rights of third parties not owned by or affiliated
with ZOO TOTS WHO TOTS Group.
Except as set forth in this User Agreement or in the text of this Web Site, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
4. Trademarks
The trademarks, logos, and service marks displayed on this Web Site
are owned by ZOO TOTS WHO TOTS Group and affiliated third parties,
and this Web Site’s trade dress is owned by Build ZOO TOTS WHO
TOTS Group (collectively, the "Trademarks," which also constitute
Content). All Trademarks not owned by ZOO TOTS WHO TOTS Group are
the property of their respective owners, and are used with permission.
Nothing contained on this Web Site may be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any
Trademark.
5. Use Restrictions
You agree that you will not: (a) use this Web Site for any commercial
or political purpose (including, without limitation, for purposes
of advertising, soliciting funds, collecting product prices, or selling
products); (b) monitor, gather, or copy Content on this Web Site by
using any robot, "bot," spider, crawler, spyware, engine,
device, software, extraction tool, or any other automatic device,
utility, or manual process of any kind; (c) frame or utilize framing
techniques to enclose any Trademark or other proprietary information
(including, without limitation, any images, text, or page layout);
(d) use any meta tags or any other "hidden text" utilizing
any Trademarks; (e) engage in any activities through or in connection
with this Web Site that seek to attempt to harm minors or are unlawful,
offensive, obscene, threatening, harassing, or abusive, or that violate
any right of any third party; or (f) engage in any activity that interferes
with a user’s access to this Web Site or the proper operation
of this Web Site. You also agree that, in using this Web Site, you
will not impersonate any person or entity.
7. Investigations; Cooperation with Law Enforcement; Termination
ZOO TOTS WHO TOTS Group reserves the right, without any limitation
whatsoever, to: (a) investigate any suspected breaches of its Web
Site security or its information technology or other systems or networks,
(b) investigate any suspected breaches of this User Agreement, (c)
involve and cooperate with law enforcement authorities in investigating
any such matters, (d) prosecute violators of this User Agreement to
the full extent of the law, and (e) discontinue this Web Site or terminate
your access to it at any time, without notice, for any reason and
without any obligation to you whatsoever.
8. Privacy and Security Measures
ZOO TOTS WHO TOTS Group must collect certain information in order
to operate this Web Site and to fulfill your requests or enable participation
in certain online activities. But ZOO TOTS WHO TOTS Group respects
the privacy of its users, and is especially mindful of protecting
the privacy of young children using our Web Site. Please review our
Privacy Policy posted at www.sonicdrivein.com.
9. Disclaimers and Limitations of Liability
This Web Site may include technical inaccuracies or other errors,
and your use and browsing of this Web Site is at your risk. THIS WEB
SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZOO TOTS WHO TOTS GROUP
DOES NOT WARRANT THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR
ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF YOUR USE OF THIS WEB SITE OR THE MATERIAL CONTAINED ON THIS WEB
SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL,
EQUIPMENT, DATA, OR OTHER ITEM, THEN ZOO TOTS WHO TOTS GROUP WILL
NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING SENTENCES, ZOO TOTS WHO TOTS GROUP WILL NOT BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR USE OF THIS WEB SITE. THE DISCLAIMERS AND LIMITATIONS
CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO
PROVIDE THIS WEB SITE TO YOU. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the
above exclusions may not apply to you.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless ZOO TOTS WHO TOTS
Group (which includes Sonic Industries Services, Inc., and its parent
company and affiliates, including advertising agencies Barkley Evergreen & Partners,
Inc., and Creative Consumer Concepts, Inc., together with the American
Zoo and Aquarium Association) and its officers, employees, agents, business
partners, licensors, and licensees from any damages, liabilities, costs,
and expenses (including reasonable attorneys’ fees) on account
of any claim, suit, action, demand, or proceeding made or brought against
any such party, or on account of the investigation, defense, or settlement
thereof, arising in connection with your use of this Web Site.
B. Revisions to this Web Site, User Agreement and Privacy Policy
ZOO TOTS WHO TOTS Group may, in its sole discretion, make changes
to any aspect of this Web Site, including, without limitation, any
Content, any activities available on this Web Site, and any products
or services offered through this Web Site. ZOO TOTS WHO TOTS Group
may also, in its sole discretion, revise this User Agreement or the
Privacy Policy by updating or revising such document, with the revised
terms taking effect as of the date of its posting. Continued use of
this Web Site following the effective date of any such changes constitutes
your acceptance of those changes.
C. Jurisdiction and Venue
Any claim or cause of action that you may have with respect to this
Web Site, the Content, or this User Agreement must be commenced within
one year after the claim or cause of action arises or it will be forever
barred. Any dispute, action, or proceeding by you or ZOO TOTS WHO
TOTS Group relating to your access to, or use of, this Web Site or
any Content in accordance with this paragraph will be resolved by
binding arbitration to be held in Oklahoma City, Oklahoma via the
Rules for Commercial Arbitration of the American Arbitration Association. In
the event that arbitration is prohibited by law, you agree that any
lawsuit or legal action with respect to your access to, or use of,
this Web Site or any Content must be brought in the state and federal
courts in Oklahoma County, Oklahoma. Accordingly, you consent to the
personal jurisdiction of the courts in Oklahoma County, Oklahoma with
respect to all matters relating to your access to or use of this Web
Site and the Content and waive your rights to removal or consent to
removal. This User Agreement will be governed by and construed in
accordance with the laws of the State of Oklahoma, without regard
to its conflicts of law provisions. The foregoing provisions of this
paragraph will not apply to any legal action taken by ZOO TOTS WHO
TOTS Group to recover damages for, or seek an injunction in connection
with, any loss, cost, or damage (or any potential loss, cost, or damage)
relating to this Web Site, any Content, ZOO TOTS WHO TOTS Group operations,
or ZOO TOTS WHO TOTS Group products or services caused by your act
or failure to act.
D. Contact Us
If you have questions concerning our Web Site or these Terms and
Conditions, then please direct your inquiry to:
Barkley Evergreen & Partners, Inc.
Sonic Interactive Department
1740 Main St., Kansas City, MO 64108
816-842-1500
soniczootots@sonicdrivein.com
