It is very important that you (and your parents, if you're under 18) review
the following rules so that you know what you can and cannot do on Neopets.com.
By using this site, you and your parents agree to abide by the following terms
and conditions:
Basic Summary:
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1. The activities and games here are just for you to play
with while on the site. You can't sell them, give them to anyone, trade
them for anything (including Neopoints), or pretend you made them. If
you wish to do anything EXCEPT play with them, you can't unless you have
our express written permission first. (By the way, this means you can't
trade or sell your Neopets account, either!) You can display our
pictures on your own personal web pages for your noncommercial and
personal use ONLY, as long as you write either "Copyright 2003
Neopets, Inc. All Rights Reserved. Used With Permission" or
"(c) 2003 Neopets, Inc. All Rights Reserved. Used With
Permission"on EVERY page with our pictures and/or text and you link
directly to us, but you can't pretend they are your own work. (By the
way, this means that you can't sell ads, barter for stuff, offer your
services, or otherwise earn money, Neopets' Items, or Neopoints either
on web pages that contain our pictures and other Materials, or by using
our pictures or other Materials, such as by offering to make Neopets
banners or backgrounds for others.)
If there is anything you are unsure of about this, please contact us using this form and we will do our best to give you a quick answer.
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2. All pet names, shop names, guilds, content on the
message boards, NeoMessages (except Warnings!), chat rooms, and
"Write to Neopets" come straight from other Neopets' users,
not from someone at Neopets.com. We don't want to limit what you say or
your creative ideas (including your pets' names and stories), but if you
post critical, nasty, insulting, sexual, racial, religious, ugly,
political, "cheats", programs, or other inappropriate content
(that includes "creative" spellings!) we'll do our best to
take care of it quickly - which means that we will delete it from the
site without notice and you will be frozen (if it is really bad) or sent
a warning. If you do it again, your account can be frozen.
This rule applies to inappropriate user names and pet names as well. If you create a user name or pet name that by our rules is inappropriate, we can freeze the user account and/or remove the pet from our site. This means that we can see ALL of your messages, so keep it clean and friendly! Neopets.com should be a clean and fun place for everyone. Do not abuse the boards by "spamming" (posting the same message many times)] or using them to make "party boards" - this can result in warnings or a frozen account, too! Finally, the solicitation of passwords (including for "neositting") is strictly prohibited. If you ask for another user's password, for any reason, your account will be frozen. Do not create any new Neopets if you are not going to take care of them. You are not allowed to create multiple accounts just to get more Neopoints or rare items. If you see anything mean or nasty on the site, or anyone sends you a message that makes you uncomfortable or asks for your password, please let us know immediately by using this form so that we can remove it right away!
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3. If you write something that catches our eye on a
message board or in a chat room, we might want to use it on the site or
elsewhere when talking about the site. By sending in your comments and
using the chat rooms, and getting your parents' permission to do so, you
(and your parents) are agreeing that it's okay to repeat on the site and
elsewhere what you say, and it's even all right for us to put it in an
advertisement. So, this means we can use it in any way we want,
anywhere, until the end of time. If you're under age 18, remember to
ALWAYS ALWAYS check with your parents before you send anything to
us or post anything on the site!
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4. By submitting material in any manner to Neopets, you
(and your parents) are automatically granting us permission to use those
materials for free in any manner we can think of forever throughout the
universe. These materials must be created ONLY by the person submitting
them - you cannot submit someone else's work. If you're under age 18,
again, ALWAYS check with your parents before you send anything to
us or post anything on the site!
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5. You understand that, as part of playing on the
Neopets.com site, you will receive e-mail from Neopets.com that lets you
know when certain events happen with your pets, your bid wins at the
auction, etc. You also agree that occasionally Neopets.com will send you
special offers that you are under no obligation to accept. You
understand that you may freely delete your e-mail from "My
Preferences", or send us a message to delete your "snail
mail" address at any time, but that doing so may detract from your
enjoyment of the site, as you will no longer receive e-mails (or
"snail mails") from your pets or the Neopets.com newsletters.
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6. You understand and agree that you will not post any:
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7. If you cheat on Neopets games or use cheat programs or
other people's software to play the games, we will freeze your account.
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8. Attempting to gain access to someone else's account
and/or account information, hacking, or trying to get other people's
passwords is STRICTLY FORBIDDEN. If you are found to have hacked,
or to have tried to get anyone else's passwords, then your account
(pets, shops, etc.) will be deleted and you will be permanently banned
from the site.
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OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All site software, designs, 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 "Materials") are the property of Neopets, Inc. and/or
its subsidiaries, affiliates, assigns, licensors or other respective owners, and
are protected, without limitation, pursuant to U.S. and foreign copyright and
trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, noncommercial use only, provided you include "Copyright 2003 Neopets, Inc. All Rights Reserved. Used With Permission" or "(c) 2003 Neopets, Inc. All Rights Reserved. Used With Permission on every page containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Neopets' copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. Neopets hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or Neopets, provided that that "Copyright 2003 Neopets, Inc. All Rights Reserved. Used With Permission" or "(c) 2003 Neopets, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Neopets' express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Neopets.com respects the intellectual property of others, and we ask our users to do the same. Neopets.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Neopets.com's Copyright Agent with the following information:
(1) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located
on the site;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
(6) 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.
Neopets.com's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Stephanie Yost Cameron, Esq.
Legal Department
Neopets, Inc.
P.O. Box 10263
Glendale, CA 91209
Telephone: (+ international dialing code) 818-551-0181
Fax: (+ international dialing code) 818-551-4344
E-mail: LegalDepartment@Neopets.com
NEOPETS' USE OF USER SUBMITTED MATERIALS
By uploading or otherwise submitting any materials to us and/or the Site, you
(and your parents, if you're under age 18) automatically grant (or warrant that
the owner of such rights has expressly granted) to Neopets a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, and distribute
such materials or incorporate such materials into any form, medium, or
technology (now known or hereafter developed or devised) throughout the
universe. In addition, you warrant that all so-called "moral rights"
and other rights recognized throughout the world (including without limitation,
the European Economic Community) in those materials have been waived.
NEOMESSAGES (ONSITE EMAIL), CHATROOMS, MESSAGE BOARDS, SHOP DESCRIPTIONS,
and GUILD DESCRIPTIONS
To the extent that portions of this Site provide users an opportunity to post
and/or exchange information, ideas, and opinions ("Postings") in
chatrooms and message boards ("Forums"), and via NeoMail, and in
descriptions of shops and guilds, please be advised that Postings do not
necessarily reflect the views of Neopets. Although we periodically monitor
exchanged and posted information, in no event does Neopets 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 or in conjunction with this
Site or elsewhere. Thus, users remain solely responsible for the content of
their messages and postings. Nonetheless, we will make reasonable efforts to
ensure that the Forums serve the best interests of all users and, therefore, we
reserve the right to edit, delete, or refuse to post any Posting that violates
these Terms and Conditions, as well as revoke the privileges of any user who
does not comply with these Terms and Conditions.
You hereby understand and agree that Neopets does not allow Postings that contain:
The Forums and NeoMail may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money or Neopoints or Neopets' Items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other Neopets' users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You further acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neopoints or Items from, any Neopets game.
You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Neopets the right to use and change the Postings in any manner that Neopets may determine.
Please note that Neopets and its NeoMail e-mail service are not in anyway related to or affiliated with Ernie Miller or his Neomail e-mail software program.
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. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, NEOPETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NEOPETS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NEOPETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH
REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE
RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND
VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT NEOPETS) ASSUME THE
COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEOPETS, 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 NEOPETS OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEOPETS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third
parties does not constitute an endorsement by Neopets, its subsidiaries and
affiliates, of the opinions or views expressed by these third party web sites.
Neopets explicitly disclaims any responsibility for the accuracy, content,
availability, currency, completeness or quality of the content contained at
these sites. Further, Neopets 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 Neopets nor its subsidiaries and affiliates are
responsible for any errors or omissions or for the results obtained from the use
of such information contained in these sites.
Neopets encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Neopets cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Neopets 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.
Neopets cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Neopets, since such sites are owned and operated by third parties. Neopets does not endorse any of the merchandise or services, nor has Neopets taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Neopets does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Neopets with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neopets never gives or sells e-mail addresses to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Neopets to transmit his e-mail address to that sponsor.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neopets, 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 these Terms and Conditions by you. Neopets
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 Neopets in asserting any available defenses.
MISCELLANEOUS
Neopets operates and controls the Site from its offices in Glendale, California,
in the United States of America. Neopets makes no representation that the Site
is appropriate or available in other locations. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws
are applicable. Software from this Site is subject to United States export
controls. Thus, no software from this Site may be downloaded, exported or
re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the United States has
embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading any software, you represent and warrant that you are not
located in, under the control of, or a national or resident of, any such country
or on any such list.
These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all Materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source). The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Neopets if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
This Agreement contains the entire understanding of you and Neopets, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified except by a writing signed by you and an authorized signatory for Neopets. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with, the internal laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.