Updated: November 20, 2014

ANIMALOOZA KIDS CLUB” or “AKC” or ” we” provide www.AnimaloozaKidsClub.com (the ” Site” ) and downloadable player (the ” Application” ), all of which contribute to form our online educational services (the ” Services” ). Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Site, the Application and the Services and, except as otherwise provided in these Terms of Use, all text, graphics, images, music, software, audio, video, information or other materials available through the Site (“Content” ), and constitute a binding legal agreement between you and AKC.

Certain areas of the Site (and your access to or use of certain Services, Content or the Application) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services, Content or the Application, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services, Content or the Application.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE ” I AGREE” OR ” I ACCEPT” BUTTON, OR BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY UTILIZING THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, CONTENT OR THE APPLICATION.

1. Modification
AKC reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or the Application or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top the page. By continuing to access or use the Site, the Services or the Application after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site, the Services and the Application.

2. Eligibility and Account Registration
In order to access certain features of the Site and Services you must register to create an account (“Account”) and become a Subscriber. This applies both to Parents and Partners. To become an AKC User you must be at least 18 years old. Any registration by anyone under 18 is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older.

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AKC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify AKC of any unauthorized use of your Account.
3. Accounts and Paid Features
When you subscribe to take advantage of AKC’s Paid Features, you will be required to provide customary billing information such as name, billing address, and payment information and select the products you want to purchase.
4. Payment Terms
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. All subscriptions will renew automatically.
5. Privacy
See AKC’s Privacy Policy for information and notices concerning AKC’s collection and use of your personal information. By accepting these Terms of Use you consent to the collection, use, and disclosure of information as outlined in our Privacy Policy.
6. Ownership
The Site, Services, Content and the Application are protected by copyright, trademark, and other laws of the United States of America and foreign countries. Except as expressly provided in these Terms of Use, AKC and its licensors exclusively own all right, title and interest in and to the Site, Services, Content and the Application, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, advertisement or other proprietary rights notices incorporated in or accompanying the Site, Services, Content or the Application.
7. Content License
Subject to your compliance with the terms and conditions of these Terms of Use, AKC grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or the Application, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AKC or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
8. Application License
Subject to your compliance with these Terms of Use, AKC grants you a non-exclusive and non-transferable license to install and use the executable form of the Application, solely for your personal use. You may make a single copy of the Application for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Application. AKC reserves all rights in the Application not expressly granted to you in this Agreement.
9. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@animalooza.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of AKC and you hereby irrevocably assign to AKC and agree to irrevocably assign to AKC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At AKC’s request and expense, you will execute documents and take such further acts as AKC may reasonably request to assist AKC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. AKC can remove any comments from the website at its discretion.
10. General
You agree not to do any of the following while using the Site, Services, Content or the Application:
o Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
o Use, display, mirror, frame or utilize framing techniques to enclose the Site, Services or any individual element or materials within the Site, AKC’s name, any AKC trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page or the Application, without AKC’s express written consent;
o Access, tamper with, or use non-public areas of the Site, AKC’s computer systems, or the technical delivery systems of AKC’s providers;
o Attempt to probe, scan, or test the vulnerability of any AKC system or network or breach any security or authentication measures;
o Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AKC or any of AKC’s providers or any other third party (including another user) to protect the Site, Services, Content or the Application;
o Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
o Use any meta tags or other hidden text or metadata utilizing a AKC trademark, logo URL or product name without AKC’s express written consent;
o Use the Site, Services, Content or the Application for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
o Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Content or the Application to send altered, deceptive or false source-identifying information;
o Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Content or the Application;
o Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
o Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
o Impersonate or misrepresent your affiliation with any person or entity;
o Violate any applicable law or regulation; or
o Encourage or enable any other individual to do any of the foregoing.
AKC will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. AKC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that AKC has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AKC reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that AKC, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.
11. Copyright
AKC respects copyright law and expects its users to do the same. AKC has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see AKC’s Copyright/DMCA Policy, for further information.
12. Links
The Site, Service and the Application may contain links to, or direct you to, third-party websites or resources. You acknowledge and agree that AKC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AKC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Termination and Account Cancellation
If you breach any of these Terms of Use, AKC will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. AKC reserves the right to revoke your access to and use of the Site, Services, Content and the Application at any time, with or without cause. In the event AKC terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time through your Account settings.
14. Disclaimers
THE SITE, SERVICES, CONTENT AND THE APPLICATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AKC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

AKC MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AKC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR THE APPLICATION.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING AND OR ACCESSING THE SITE, CONTENT, SERVICES OR THE APPLICATION. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE, CONTENT, SERVICES OR THE APPLICATION. IMMEDIATELY DISCONTINUE USE OF THE SITE. CONTENT, SERVICES OR THE APPLICATION AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AKC OR THROUGH THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT AKC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES AKC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. AKC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
15. Indemnity
You agree to defend, indemnify, and hold AKC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.
16. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services, content, and the application remains with you. Neither AKC nor any other party involved in creating, producing, or delivering the site, services, content or the application will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AKC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that AKC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, AKC will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the services or the application.
In no event will AKC’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application exceed the amounts you have paid to AKC for the use of the site, services, content and/or the application giving rise to a claim in the twelve months preceding the date of such claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AKC and you.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
17. Propriety Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AKC used herein are trademarks or registered trademarks of AKC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
18. Controlling Law and Jurisdiction
The laws of the State of Colorado and the applicable laws of the United States of America shall govern this agreement. The parties have required that this agreement and all documents and notices related thereto and/or resulting therefrom be drawn up in English.
19. Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between AKC and you regarding the Site, Services, Content and the Application and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between AKC and you regarding the Site, Services, Content and the Application.
20. Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without AKC’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. AKC may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
21. Notices
You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by AKC via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
22. General
The failure of AKC to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AKC. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Contacting AKC
If you have any questions about these Terms of Use, please contact AKC at support@animalooza.com