Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The following Websites at 4Kids.com, 4Kidstv.com, 4Kids.tv and CW4Kids.com (collectively referred to as the "Sites") are fully controlled and operated by 4Kids Entertainment, Inc. ("4Kids"). By accessing and using the Sites, you are agreeing to be legally bound by these terms and conditions. If you do not agree with all of the following terms and conditions, please do not use the Sites. 4Kids reserves the right, in our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

OWNERSHIP OF INTELLECTUAL PROPERTY
All of the Sites' software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of 4Kids and/or its subsidiaries, affiliates, assigns, licensors or other respective owners of the various properties featured on these Sites. The Materials are protected by law, including, without limitation, pursuant to U.S. and foreign copyright and trademark laws. 4Kids hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material and/or software that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of 4Kids. You further agree that you will not redistribute, sell, auction, decompile, reverse engineer or otherwise modify the Materials. Further, the use of any information, content or materials on these Sites on any other website or computer environment is strictly prohibited. Any unauthorized or prohibited use may subject the offender to liability under applicable federal and state laws.

CHATS/MESSAGE BOARDS/FORUMS/BLOGS
To the extent that portions of the Sites provide Users with an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that the Postings do not necessarily reflect the views of 4Kids or its subsidiaries, affiliates, assigns, licensors or other respective owners. You are responsible for any notes, messages, e-mails, postings, profiles, opinions, ideas, or other materials or information posted or transmitted to the Website. In no event shall 4Kids 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 the Sites. Any and all Postings on the Sites will become the property of 4Kids in perpetuity. If you submit a Posting, you represent and warrant that you have all necessary rights in and to all the Postings you provide and all information contained therein that such Postings do not infringe any copyrights, trademarks or proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You acknowledge and agree that any products, outlines, or concepts, or any other material contained in your Posting and/or submission (i) may have been developed by 4Kids or by others prior to your submission, (ii) may be in the process of being developed by 4Kids or third parties working with 4Kids and/or (iii) may otherwise be available to 4Kids through sources other than you. If your Posting and/or submission falls into categories (i), (ii) or (iii) of this paragraph, you hereby waive any claims or causes of action you may have against 4Kids, its affiliates and/or its licensees with respect to products, scripts, plots and/or concepts created by 4Kids, or in the process of development by 4Kids, or suggested to 4Kids by others.

You also agree that the Postings shall not contain

private or personal information which might identify a user
profanity or obscenities
personal attacks on other individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that 4Kids determines in its sole discretion to be inappropriate for the Sites
material which infringes upon or violates the copyright rights, the trademarks, rights or privacy and/or other intellectual property rights of any third-party, or violates any other laws or regulations

For additional guidelines please see the 4Kids Sites' Posting Guidelines.
You further agree that your Postings may not contain any information intended to advertise, sell, promote and/or generate revenue for any third party business activity. 4Kids reserves the right to screen, moderate, refuse to post, remove or edit, modify, delay or delete Postings at any time and in 4Kids' sole discretion without prior notice, that violate these terms and conditions, the 4Kids Posting Guidelines, or the Privacy Policy, as well as revoke the privileges of Users who do not comply with such rules.

4Kids is entitled to use the Postings, consistent with these terms and conditions, in whole or in part, throughout the universe, in perpetuity, alone, or together or as part of other material, including without limitation, promotional and advertising purposes, in any and all media, now known or hereafter devised, including the creation of derivative works that may include Postings you provide. You agree that any Postings you submit on the Website may be used by 4Kids without any payment or other compensation for such use.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
4Kids provides official rules, terms and conditions or guidelines for certain activities on the Website including, without limitation, contests and sweepstakes by 4Kids and in conjunction with third parties. These terms and conditions are incorporated by reference to the specific promotional official rules, terms and conditions or guidelines, which may appear in connection with information on the Website about a particular activity. To the extent that any conflict exists between these terms and conditions and the specific official rules, terms and conditions or guidelines for a promotional activity, the official rules, terms and conditions or guidelines for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify these terms and conditions.

DISCLAIMER AND LIMITATION OF LIABILITY
4Kids is not responsible for any incorrect or inaccurate Postings on the Sites, or on sites that link to or from the Website, whether caused by Users of the Website or by any equipment or programming associated with or utilized in the Website. THESE SITES AND ALL MATERIALS CONTAINED ON THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4KIDS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE 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 4KIDS OR ANY THIRD PARTY.

4Kids is not responsible or liable for any problems or technical malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, or omissions arising out of your use of this Website, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Websites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites.

4Kids will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, including personal injury or death, 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 in the Website and/or in a third party hyperlinked site.

THIRD PARTY HYPERLINKS
The appearance of websites or external third party hyperlinks on the Sites does not constitute endorsement by 4Kids, its subsidiaries and affiliates of the opinions or views expressed by these linked sites. 4Kids does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained on the linked sites. Furthermore, 4Kids is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither 4Kids nor any of its subsidiaries and affiliates will be responsible for the any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the User, be advised that in no event shall 4Kids assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.

ATTRIBUTION AND NOTICES
Associated Press ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.

INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You agree to indemnify, defend and hold harmless, 4Kids, its affiliates, and their respective officers, directors, employees, agents, licensors, copyright owners of Materials on the Sites, representatives, and third party providers to these Sites from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement by you. 4Kids 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 4Kids in asserting any available defenses.

GENERAL PROVISIONS
These terms and conditions, accepted upon use of the Sites and further affirmed by you becoming a registered member or submitting Postings to the Sites, contain the entire agreement between you and 4Kids regarding the use of the Sites and supersedes all prior understandings related to the Sites. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms and conditions by 4Kids shall be deemed a further or continuing waiver of such provision or any other provision, and 4Kids' failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

The content and materials on the Sites are presented solely for the purpose of entertainment and promoting programs, events, products and services available in the United States. The Sites are controlled and operated by 4Kids Entertainment, Inc, from its offices within the State of New York. The Sites are intended for residents of the United States unless otherwise noted. Residents outside the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. 4Kids makes no representation that content and materials on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from these Sites may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to United States export restrictions.

These terms and conditions were last updated and posted on September 9, 2008.