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Welcome to the Nortel Networks Kidz Online (NNKOL) Website. NNKOL has
created this Website for your personal enjoyment, entertainment and education.
However, you are only authorized to access this Website or to use the
materials contained in the Website if you agree to comply with all applicable
laws and with these Terms of Use which constitute an Agreement between
you and NNKOL. PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing
and using this Website YOU AGREE TO THESE TERMS OF USE. If you do not
agree with them, you should leave this Website immediately. We reserve
the right at our sole discretion to modify or amend this Agreement without
notice at any time. You should therefore read this page regularly to learn
about any changes. If you use the Website after these terms have changed
you will be deemed to have agreed to the changes.
How You May Use the Material on Our Website
All materials contained in this Website are the copyrighted property of
NNKOL, Nortel Networks, Kidz Online, Inc. and/or third party licensors.
All trademarks, service marks, trade names and trade dress are proprietary
to NNKOL, Nortel Networks, Kidz Online, Inc. and/or third party licensors.
All materials in this Website shall only be used for personal, non-commercial
purposes. You may view material from this Website for your own use and
may download only one copy of any materials on any single computer for
your personal, non-commercial use only, and you must keep all copyright
and other proprietary notices attached to the downloaded material.
Any and all forms of duplication, reproduction, distribution, publication,
modification, uploading, posting, copying or transmission of material
from this Website is STRICTLY PROHIBITED unless you have obtained the
prior written consent of NNKOL by contacting
us in writing or unless it is expressly permitted by this Website. The
material covered by this prohibition includes, but is not limited to,
any written text, graphics, logos, photographs, audio, or video material
on the Website.
You are also strictly prohibited from creating works or materials that
are derived or are in any way based on the materials contained in this
Website including, but not limited to, fonts, icons, link buttons, wallpaper,
and unlicensed merchandise.
Please Do Not Send Us Unsolicited Submissions
NNKOL does not knowingly accept unsolicited submissions including, but
not limited to, plots, scripts, articles, drawings, videos, games, information,
suggestions, ideas or concepts (collectively "Submissions")
. NNKOL's policy is to delete any such Submission without reading them.
Therefore, any similarity between an unsolicited Submission and any part
of any NNKOL creative work whatsoever is purely coincidental. However,
despite our request that you do not submit unsolicited submissions, if
you send such Submissions to NNKOL via this Website, they become the sole
property of NNKOL and we may use, copy, sublicense, adapt, transmit, distribute,
publish, display or delete them as we see fit, in our sole discretion.
You agree that you are not entitled to any compensation, credit or notice
whatsoever and that by sending an unsolicited Submission you waive the
right to make any claim against NNKOL, Kidz Online, Inc., Nortel Networks
or any of their respective parents, affiliates, employees, agents, directors,
officers and shareholders, relating to unsolicited submissions, including,
but not limited to, unfair competition, breach of implied contract or
breach of confidentiality. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submission for any purpose whatsoever, commercial
or otherwise, without any compensation to the provider of the Submission.
Terms Concerning Your Solicited Submissions
To the extent the features of this Website (such as Technology in Action)
specifically request Submissions, you agree that when you send a Submission
to NNKOL via this Website, it becomes the sole property of NNKOL and we
may use, copy, sublicense, adapt, transmit, distribute, publish, display
or otherwise use it as we see fit, in our sole discretion. By sending
a Submission you waive the right to make any claim against NNKOL, Kidz
Online, Inc., Nortel Networks or any of their respective parents, affiliates,
employees, agents, directors, officers and shareholders relating to the
Submission, including, but not limited to, unfair competition, breach
of implied contract or breach of confidentiality. Without limitation of
the foregoing, we shall exclusively own all now- known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without any compensation to the provider
of the Submission.
If you submit a Submission to us, you represent and warrant that you
are its sole author or creator and that no element of the Submission has
been copied from any other work, authored or created by any other person
or entity, and that you have not violated the copyright, trademark or
other intellectual property rights of any other person or entity.
We reserve the right to use or refuse to use , change, edit, or otherwise
modify any Submission in our sole discretion. We also reserve the right
to require you to execute further agreements in connection with any solicited
Submissions, including indemnifications concerning copyright and other
matters.
Links to and from our Website
You may not create hypertext links to this Website without our prior written
authorization, which we may elect to give or withhold in our sole discretion.
Please contact (insert contact us hyperlink) to request such prior written
authorization. If we authorize you to establish a link, you must not represent
in any way, expressly or by implication, that you have received the endorsement,
sponsorship or support of this Website or NNKOL, Kidz Online, Inc., Nortel
Networks, or any of their respective parents, affiliates, employees, agents,
directors, officers and shareholders.
NNKOL is not responsible for the content or practices of third party
websites that may be linked to this Website. When visiting other websites
you must consult each such website's individual "Terms of Use"
and not rely on this Agreement.
We reserve the right to disable a link from any third party website to
this Website at any time for any reason in our sole discretion. We also
reserve the right to remove a link to any third party website from Website
at any time for any reason in our sole discretion.
We are not responsible for the Products of Advertisers on this Website
NNKOL is not responsible for and does not guarantee the price or performance
of any goods, products or services advertised on this Website.
Disclaimer of Warranties
THE MATERIAL IN THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND. NNKOL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
NNKOL's Potential Liability for the Website is Limited
NEITHER NNKOL, KIDZ ONLINE, INC., NORTEL NETWORKS, INC., NOR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN,
OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. NNKOL WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED
IN OR PART OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF NNKOL, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Copyright Claims
Pursuant to the Digital Millennium Copyright Act, NNKOL has designated
an agent to receive notifications of alleged copyright infringement on
the Website:
Craig J. Blakeley, Alliance Law Group, LLC, 8614 Westwood Center Drive,
Suite 450, Vienna VA 22182, 703-848-8336
If you believe that any material contained in this Website infringes your
copyright, you should notify NNKOL of your copyright infringement claim.
Such notification must include the following information:
1. A description of the copyrighted work that is the subject of claimed
infringement
2. A description of the infringing material and information sufficient
to permit NNKOL to locate the alleged material
3. Contact information for you, including your address, telephone number
and/or e-mail address
4. A statement by you that you have a good faith belief that the material
in the manner complained of is not authorized by the copyright owner,
or its agent, or by the operation of any law
5. A statement by you, signed under penalty of perjury, that the information
in the notification is accurate and that you have the authority to enforce
the copyrights that are claimed to be infringed
6. A physical or electronic signature of the copyright owner or a person
authorized to act on the owner's behalf
If you fail to include all of information the processing of your claim
may be delayed.
Our Privacy and Data Collection Policy
NNKOL's information and data collection practices are described in its
privacy policy. NNKOL's privacy policy is part of this Agreement, and
you agree that use of data as described in the privacy policy is not an
actionable breach of your privacy or publicity rights. If you would like
more information, please read our Privacy policy.
Your Agreement to Indemnify Us
You agree to defend, indemnify and hold harmless NNKOL, Kidz Online, Inc.,
Nortel Networks or any of their respective parents, affiliates, employees,
agents, directors, officers and shareholders, from and against all the
liabilities, claims, damages and expenses (including reasonable attorney's
fees and costs) arising out of your use of this Website; your failure
to use the Website; your breach or alleged breach of this Agreement or
your breach or alleged breach of the copyright, trademark, proprietary
or other rights of third parties. You agree to use your best efforts to
cooperate with us in the defense of any third party claim. We reserve
the right at our own discretion to assume the exclusive defense and control
of any matter otherwise subject to this indemnification. Moreover, you
are responsible for maintaining the confidentiality of your password and
account and for activities that occur under your account. Your indemnification
under this paragraph extends to the use of your password and your account.
We can Terminate your Access to this Website At Any Time
NNKOL reserves the right to immediately terminate your use of, or access
to, this Website at any time if NNKOL decides at its sole discretion that
you have breached this Agreement or any relevant law, rule or regulation
or you have engaged in conduct that NNKOL considers to be inappropriate
or unacceptable.
Other Important Website Use Terms
You agree that NNKOL's failure to exercise or enforce any right or provision
of the Agreement will not operate as a waiver of our right to enforce
such terms.
This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect
the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Website must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
This Agreement is governed by, and construed in accordance with, the laws
of the Commonwealth of Virginia without regard to conflict of laws principles.
You agree to submit to the exclusive jurisdiction of the courts of the
Commonwealth of Virginia or the United States District Court for the Eastern
District of Virginia for resolution of any dispute, action or proceeding
arising in connection with this Agreement or your use or non-use of the
Website. You hereby irrevocably waive any right you may have to trial
by jury in any such dispute, action or proceeding.
To the extent the Virginia Uniform Computer Information Transactions
Act, Section 59.1-501 et seq. of the Code of Virginia of 1950, as amended,
may be applicable to this Agreement, insofar as the terms herein conflict
with the terms of that statute, the terms herein shall control.
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