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Terms and Conditions
General Privacy Policy:
Welcome to Soundprints, Where Children Discover.
We're very pleased you are taking the time to review our privacy statement. If you are a parent or guardian and are interested in knowing more about Soundprints' policy regarding the online collection of information from children, we recommend reviewing the Note To Parents below.
If you have any questions, complaints, or comments regarding our privacy statement or policies, please contact our customer service department at info@soundprints.com. Please note, however, that this Privacy Policy applies only to sites operated by Soundprints and Trudy Corporation, and not to Web sites operated by other companies or organizations to which we link. When you link to any other sites from our site, this policy no longer applies and neither Soundprints nor Trudy Corporation controls the activities of those sites.
What information does Soundprints collect?
Soundprints wants to give you the most efficient Internet experience possible. To help us figure out what you like and don't like about our sites, we may ask for your opinion from time to time. You are not obligated to respond. We may request and/or collect information from you on a voluntary basis when you: (1) register with us; (2) shop at our online store; (3) participate in contests, events or promotions; (4) send questions or comments via email to Soundprints customer support; (5) request a catalog and/or other information and/or, (6) submit your resume to us online. The requested information may include personal information such as your name, e-mail address, telephone number, and home address. In addition, we may collect demographic information such as your age, hobbies and product preferences.
If you are under the age of 13, you will need your parent or guardian's consent before you can provide any personal information to us. Kids, if you are ever unsure about anything you are seeing on this site, ask your parent or guardian for help. See Note To Parents below for more information.
Registration
If you wish to register with our site, you may be asked to supply personal information such as your full name and e-mail address, phone number and mailing address. Soundprints uses such information to process your order and to periodically contact you about special events, news, products and announcements.
Online Store
Visitors purchasing goods and services through our online store will need to provide a valid credit card number and expiration date, in addition to name, billing address, phone number and e-mail address.
Promotions
To participate in some of our promotions, you may be asked to provide an email address or screen name, so that we can let you know about special offers, if you won a prize and/or other special opportunities.
E-mail
By allowing you to send email to us, we are not attempting to collect any personal information about you. We will only use personal information (such as name, mailing address and e-mail address) contained in your email to respond to your specific inquiry or comments in the e-mail. Though we may retain your e-mail for a period of time, we will not use any personal information contained in your e-mail for any purpose other than responding to your specific inquiry or comments.
Whatever the activity may be, we will only collect information to the extent deemed reasonably necessary to fulfill your requests and our legitimate business objectives. If you do not want to submit personal information when requested, you will not be able to access certain areas on our site. You do not need to provide personal information to Soundprints in order to view some portions of our site, but we do require certain information to process an order with our online store.
Who is collecting my information and how will it be used?
The personal information you provide is collected by Soundprints. We will use the information you submit to our Web site to send you advertising or promotional materials, including information about new products, contests, features and enhancements, special offers and other events of interest. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and to better meet your needs.
The information you provide us is collected by Soundprints and may be disclosed in aggregate to third parties. This aggregate information cannot be used to personally identify your computer.
Cookies and IP Addresses
Soundprints may use "cookies" to enhance your experience at our Web site. Cookies are pieces of information that we may place on your computer to help "personalize" your visit to the site. For example, a cookie will allow us to remember certain things about you, such as your screen name or your shipping address. Most major Web sites use cookies exactly for this purpose. We cannot tell who you are or where you are. The cookie only tells us that you have visited the site before and may contain certain information that will help us make your visit more enjoyable. Soundprints will never use cookies to retrieve information from your computer that was not originally sent in a cookie.
Opt-out
If you do not want Soundprints to send you e-mail or regular mail about our products and/or services, you can opt-out at the time of registration or at the time of information collection. If you are receiving e-mails or regular mail and at a later date you choose to opt-out and have your name removed from Soundprints' database, you can do so by sending an e-mail to info@soundprints.com with OPT OUT in the subject line. Please allow 4 weeks to process your request.
Safeguarding your personal information
Soundprints will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will take the appropriate steps to ensure the security and integrity of any information you provide to us.
Questions and Complaints
Any questions or complaints about Soundprints or this privacy statement can be resolved by contacting us at info@soundprints.com.
We reserve the right to change this statement at any time, so visit this page from time to time to check for changes. Thanks. Have fun!
NOTE TO PARENTS: Soundprints has developed its Web site to be an enjoyable experience for children (and adults) of all ages. Soundprints recognizes that some younger children may not understand some of the information contained on the Web site or how the site operates. That is the purpose of the Privacy Statement. Please discuss this statement with your children so that they will better understand how to use the site and the information they may be asked to provide. Soundprints believes that providing its visitors with accurate and adequate notice about the Web site will lead to informed choices and decisions about how to use the site, as well as protecting its users' privacy. If you have any questions or comments about the Soundprints Web site, please feel free to contact us at info@soundprints.com.
Children Under 13 Require Parental Consent
Children under 13 may not participate in online activities that require registration without the prior written consent of a parent or legal guardian ("parent"). This form must be signed by the child's parent or guardian and returned to Soundprints by fax at +1 (203) 846-1776 or by mailing to Soundprints Web Site Registration, 353 Main Avenue, Norwalk, CT 06851-1552 USA. Until we receive verifiable permission from a parent, a child under 13 may not submit or post his or her personal information on our site. In addition, we urge parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet. Once we have obtained parental consent, we only ask the child for information that is reasonably necessary for the child to participate in our online and/or order processing services. The responsibility for verifying Soundprints' receipt of a signed parental consent form lies with a child's parents. To confirm receipt of a signed parental consent form please contact us at info@soundprints.com. To remove a child's information from our database, parents can contact us at info@soundprints.com or by calling (800) 228-7839.
Thank you for your attention to this statement. We hope you enjoy your Soundprints online experience.
California Privacy Policy:
California Under the California Civil Code, residents of the State of California have the right to request from companies conducting business in California, a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your personal information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.
If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at info@soundprints.com or you may contact us via postal mail at:
Soundprints Privacy Information 353 Main Avenue Norwalk, CT 06851 USA
Terms Of Use These Terms of Use are a legal contract between you and Trudy Corporation that govern your use of the Service. By accessing the Service, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
NOTICE Trudy Corporation may from time to time modify these Terms of Use and will post a copy of the amended Terms of Use at http://www.soundprints.com and click on the "Terms of Use" tab at the bottom of the page. If you do not agree to (or cannot comply with) the Terms of Use, as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the Service after any amendments are posted.
REGISTRATION To use the Service, you must register and provide certain information, including a nickname, a password, a current email address, your date of birth, gender, and zip/postal code (collectively, "Registration Data") Trudy Corporation requires the Registration Data in order for it and its partners to deliver targeted advertisements to you on this Site. You agree that you are providing the Registration Data to Trudy Corporation and its partners in exchange for being able to use the Service to receive Content (as defined below), subject to these Term of Use. You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Trudy Corporation will use your Trudy Corporation registration Data in accordance with its Privacy Policy, which you can review at www.soundprints.com and click on the Privacy tab at the bottom of the page.
You agree that you will not allow others to use your nickname, password and/or account, and you are solely and entirely responsible for maintaining the confidentiality and security of your account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account and you agree to immediately notify Trudy Corporation of any unauthorized use of your account or any other breach of security. Trudy Corporation shall not be responsible for any losses arising out of the unauthorized use of your nickname, password and/or account, and you agree to indemnify, defend and hold harmless Trudy Corporation, its business partners, subsidiaries, agents, affiliates and/or licensors, as applicable, and its and their respective directors, officers, employees and shareholders for any improper, unauthorized or illegal uses of the same. You agree that you will not: (i) use the Service in any manner that places an unreasonable load on its infrastructure; (ii) interfere with the normal operation of the Service and/or this Site; (iii) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Site or the Service; or (iv) frame or link any of the materials or information available from the Site or the Service.
USE OF SERVICE The Application may enable you to listen to, view, and/or read (as the case may be) music, images, video, text, and other material that may be obtained by you in digital form solely for your personal entertainment use. This material (collectively, "Content") may be owned by Trudy Corporation or by third parties ("Content Owners"). However, in all circumstances, you understand and acknowledge that your rights with respect to the Content you obtain for use in connection with the Application will be limited by international copyright laws and by the usage rules ("Usage Rules"), as described in these Terms of Use. (Usage Rules are the licensing rules assigned by Trudy Corporation and/or the pertinent Content owner that limit your access and use.) The Usage Rules stated in these Terms of Use will govern, regardless of whether unauthorized rules have been associated with that Content by another party. You further agree that you will not attempt to modify the Application or any part of the Usage Rules for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content.
The Application enables Trudy Corporation to control your access to the Content in accordance with the Usage Rules. Trudy Corporation (for itself and for the Content Owners) reserves the right to enforce Usage Rules with or without notice to you. You agree that you are using the Services for your own personal entertainment use and not for transfer, assignment, sale, lease, sublicense, rental, redistribution or any other use of any kind.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
The Service, Application, and Content and any other software, text files as well as articles, photographs, images, illustrations, or other content provided on this Site (collectively, "Trudy Corporation Materials") are solely for your personal, non-commercial use. You may only print one (1) hard copy of the pages on this Site, for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. All rights not expressly granted to you in these Terms of Use are reserved to Trudy Corporation and/or its business partners, affiliates, licensors or the party credited as the provider of such Trudy Corporation Materials (collectively, " Trudy Corporation Licensors").
All Trudy Corporation Materials are protected by copyright and/or other intellectual property rights that are owned and controlled by TrudyCorporation or Trudy Corporation Licensors. You agree that Trudy Corporation Licensors are intended third-party beneficiaries under these Terms of Use with the right to enforce the provisions that directly concern their content. The entire contents of the Service are also copyrighted as a collective work under the UnitedStates and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material as permitted by these Terms of Use. Modification of the Trudy Corporation Materials or use of the Trudy Corporation Materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is strictly prohibited.
All trademarks, service marks, and trade names are proprietary to Trudy Corporation or Trudy Corporation Licensors. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TERRITORIAL RESTRICTIONS Currently, the Service is only available to residents of the UnitedStates of America and Canada (collectively, the "Territory"). You understand and acknowledge that you may not access or attempt to access or use the Service from countries outside of the Territory. You agree to abide by applicable export control laws as well as all applicable laws in the Territory. Trudy Corporation reserves the right to verify the location of users and may use IP addresses as the basis for determining the location of its users.
PRIVACY For information regarding Trudy Corporation use of information collected in connection with the Service, please refer to Privacy Policy, a copy of which is available at http://www.soundprints.com and click on the Privacy tab at the end of the page.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION If you believe that any of the soundprints.com Materials infringe your copyright, you should notify Trudy Corporation immediately of your copyright infringement claim in accordance with the procedures described below. Trudy Corporation will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to Trudy Corporation at:
353 Main Avenue Norwalk, CT 06851 USA
To be effective, the notification must be in writing, sent via certified mail, and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, 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; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 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, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For example, "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS If Trudy Corporation receives a notice alleging that you have engaged in behavior that infringes Trudy Corporation or other's intellectual property rights, or reasonably suspects the same, Trudy Corporation may suspend or terminate your account without notice to you. If Trudy Corporation suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you.
You agree that Trudy Corporation has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Trudy Corporation believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Trudy Corporation’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
PROMOTIONS AND ADVERTISING Trudy Corporation and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that Trudy Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
LINKS TO THIRD-PARTY SITES The Service may present links to third-party Web sites not owned or operated by Trudy Corporation. Trudy Corporation is not responsible for the availability of these sites or their contents. You agree that Trudy Corporation is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
MINORS The Service may not be used by children under the age of 13, and may contain material and/or request personal information that is inappropriate for children aged 13 or over. If there is a concern by parents that children may utilize the Soundprints Web site, Trudy Corporation recommends using a parental control software package to monitor and curtail Internet access. Some sample parental software packages include: SpectorPro, WebWatcher, and SpyAgent. Trudy Corporation does not endorse any one parental software package, and recognizes that no parental software package can replace careful parental supervision of Internet use by children.
INDEMNITY You agree to indemnify and hold harmless Trudy Corporation and its agents, employees, representatives, affiliates, parents and subsidiaries, business partners and/or suppliers (collectively, the" Trudy Corporation Entities") from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of these Terms of Use and your use of the Service and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
DISCLAIMERS You understand and agree that your use of the Service is at your own sole risk. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE Trudy Corporation ENTITIES, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Trudy Corporation ENTITIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS EXPRESS, IMPLIED, COLLATERAL OR ARISING BY STATUTE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE Trudy Corporation ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY Trudy Corporation ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF Trudy Corporation ENTITIES. UNDER NO CIRCUMSTANCES SHALL ANY Trudy Corporation ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ANY Trudy Corporation ENTITIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE Trudy Corporation ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Trudy Corporation ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $10.00.
REMEDIES You agree that any unauthorized use of the Service, Application, any related software, song files or video files would result in irreparable injury to Trudy Corporation and/or its affiliates or licensors for which money damages would be inadequate, and in such event Trudy Corporation its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that Trudy Corporation, its affiliates and/or licensors may have under separate legal authority.
MODIFICATIONS TO SERVICE Trudy Corporation reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
TERMINATION Trudy Corporation may in its sole discretion terminate these Terms of Use or suspend your account at any time without notice to you in the event that you breach (or Trudy Corporation. reasonably suspects that you have breached) any provision of these Terms of Use. If Trudy Corporation terminates these Terms of Use, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you.
You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Trudy Corporation
CUSTOMER SUPPORT Please direct any questions concerning the Service and usage rights to Trudy Corporation Customer Care via email at customercare@soundprints.com.
GOVERNING LAW The laws of the State of Connecticut, excluding its conflicts of law rules, govern these Terms of Use and your use of the Service. You expressly agree that the courts in the State of Connecticut have exclusive jurisdiction over any claim or dispute with Trudy Corporation or relating in any way to your account or your use of the Service. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in Connecticut in connection with any such dispute including any claim involving Trudy Corporation or its business partners, parents, licensors and/or licensees, affiliates, subsidiaries, employees, contractors, officers, directors, or suppliers.
ENTIRE AGREEMENT These Terms of Use and any other terms or documents referred to herein represent your entire agreement with Trudy Corporation with respect to your use of the Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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