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TERMS & CONDITIONS

 

Thanks for checking out batteryPOP! Our website is designed for kids 6 to 14 years of age, and we strive to provide only age appropriate content. If you are a kid, review these terms and conditions with your parents or guardian. And if you are a grown-up, please explain to your kids what these rules mean, and why they’re here to protect everyone who comes to batteryPOP. These terms and conditions apply to all users of our service, including providers of content and advertisers on our site.

 

batteryPOP.com is owned by batteryPOP LCC of New York, NY, and operated by batteryPOP LLC, its employees and/or authorized agents and affiliates (collectively referred to herein as "batteryPOP LLC","batteryPOP", "we", "us", or "our").

batteryPOP uses its best efforts to be compliant with the Children’s Online Privacy Protection Act. No data will be aggregated that would allow us, our partners, our advertisers or our vendors to contact any user. If you are a parent or guardian and believe batteryPOP may have inadvertently collected personal information from your child under age 18, please notify batteryPOP immediately by sending an email to info@batterypop.com detailing the basis of your belief and your request.

 

 

1. AGREEMENT TO TERMS AND UPDATES

 

 

By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy incorporated herein, which form an agreement between you and batteryPOP that is effective as if you had signed it.

YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.

batteryPOP may revise the Terms at any time by posting the revised Terms on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to the Terms will not be applied retroactively. batteryPOP may make changes to the website, content, activities, products, services or features of the Website at any time. You understand and agree that batteryPOP may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.

 

2. OWNERSHIP OF INTELLECTUAL PROPERTY

 

All site software, design, 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 "Material") are the property of batteryPOP 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. batteryPOP 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 Site, 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 batteryPOP. Use of batteryPOP and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

3. PRIVACY POLICY

 

Please review the Privacy Policy for the Website, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Website.

 

4. 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, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. batteryPOP is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BATTERYPOP, 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 batteryPOP OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall batteryPOP’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

 

5. INDEMINIFICATION

 

You agree to defend, indemnify and hold harmless batteryPOP and its affiliates, and their respective directors, officers, employees and agents harmless from any claims, liabilities, costs and expenses (including attorney’s fees and costs) arising in any way from your use of batteryPOP. BatteryPOP reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

6. ADVERTISING

 

This site may contain advertising and/or sponsorships. We strive to provide ads that are relevant and/or appropriate for kids. batteryPOP is not responsible for any ads that may appear on our sites via error or malware viruses. We accept no responsibility for any third party advertising that may appear on batteryPOP. By using batteryPOP, you agree not block our ads. It’s how we’re able to keep bringing you great shows!

 

7. LINKS TO THIRD PARTY WEBSITES

 

BatteryPOP may provide users with links to third party websites. All sites will be pre-screened for age appropriateness. When possible, batteryPOP will provide a warning to users that they are about to access a third party site. However, batteryPOP is not responsible for the content, or any changes to content, that may appear on other websites. If you find something objectionable on a third party site that batteryPOP has linked to, please notify batteryPOP immediately by sending an email to info@batterypop.com detailing the basis of your belief and your request.

 

8. SOURCED CONTENT

 

In addition to providing original content, batteryPOP will source content from a variety of sources, including but not limited to YouTube and Vimeo. By accessing this content, you agree to the Terms & Conditions set forth by these services as well. While all content is pre-screened prior to being embedded on our site, batteryPOP claims no responsibility for malfunctions or misrepresentations from these services. In addition, these services may provide their own advertising and links, for which batteryPOP claims no responsibility.

 

9. REGISTRATION

 

BatteryPOP invites you to register on our site to obtain a POP ID and Avatar. If you do not register, several of the functions on batteryPOP will not be available to you. By registering, you agree to provide true, accurate information about yourself. BatteryPOP may ask you to provide a parent or guardian’s email address during the registration process. You agree to provide a true and accurate email address. Parents and guardians also agree to receive batteryPOP updates and communications via email, with an option to opt out of said receipt.

 

10. CANCELLATION

You understand and agree that batteryPOP may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice. 
You may cancel your account at any time and for any reason.
Please direct all requests to:

 

 

batteryPOP LLC
220 West 93rd St, #13c
New York, NY 10025
Or by fax with cover letter to: (212) 448-0066 Email: info@batterypop.com 

 

 

 

11. HOW TO SEND A NOTICE OF COPYRIGHT INFRINGEMENT

 

 

In you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.


Please provide our copyright agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site or Services;
  • Your address, telephone number, and email address;
  • 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; and
  • 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.

 


Send your notice of infringement to our designated agent for receiving such notices: Name of Agent Designated to Receive Notification of Claimed Infringement: Peter Alkalay Full Address of Designated Agent to Which Notification Should be Sent to:

 

 

Greg Alkalay
c/o McLaughlin Stern, LLP
260 Madison Avenue
New York, NY 10016
(212) 448-1100
Facsimile Number of Designated Agent:
(212) 448-0066
Email Address of Designated Agent:
info@mclaughlinstern.com

 

 

 

12. NOTICE REQUIRED BY CALIFORNIA LAW

 

 

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is batteryPOP LLC, 220 West 93rd St, #13c, New York, NY 10025, 212 254-9909. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@batterypop.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 

13. GOVERNING LAW AND DISPUTES

 

Any dispute between you and batteryPOP arising out of or relating to these Terms, the Privacy Policy, the Website or its Content shall be governed by, and will be construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for New York, NY, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. batteryPOP does not represent that the Website or Content is appropriate outside the United States of America. batteryPOP reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

 

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