Terms of Service Last Updated: Dec. 3, 2014
PLEASE READ THIS TERMS OF SERVICE AGREEMENT
("TOS" for short)
The TOS tells you what you can and cannot do when you access or use Animal Jam. “Animal Jam” means animaljam.com, AJ Jump, and any other Animal Jam-branded mobile apps or games. Animal Jam is owned and operated by WildWorks, Inc. (“WildWorks”, “us”, or “we”), and was developed in association with the National Geographic Society.
Translation: Get your parent’s permission before you use Animal Jam. Verified parental consent is REQUIRED for Animal Jam participation. Any accounts found operating without verified parental consent will be terminated.
2. Community Guidelines. Don’t post anything that is mean, foul, abusive, or obscene. This includes postings that someone might find offensive (that includes swear words) or that are racist, harassing, threatening, bullying or untrue. You also agree not to make postings about other people that contain lies, are illegal, or that encourage someone else to break the law. Additionally, you may not create a member name that we determine is inappropriate or offensive. Animal Jam and National Geographic are committed to providing a fair, clean, and fun environment for all. We use only professional, well-trained moderation staff and the most up-to-date technology to assist us in keeping Animal Jam safe and friendly.
Translation: Play nice, only use kind words, and don’t engage in any unsafe or inappropriate gameplay or behavior.
3. Report Misconduct. If someone makes you feel bad or uncomfortable, you have the right to report that person. We take this very seriously, so there are tools in Animal Jam to help you block and report troublesome players (you can also Contact Us). And be sure to tell your mom, dad, or a trusted grown up. Remember it is okay to protect yourself!
Translation: Report anything that makes you feel bad or that you think violates these rules. There are tools within Animal Jam to help with this.
Translation: Keep Personal Information Personal. Do not ask for, or give out, personal or financial information to other Animal Jam Users.
5. Tell the Truth and Don’t Cheat. You agree to provide us with information that is true, complete, up-to-date, and accurate. If you break this promise, we may immediately cancel your membership. You must keep your account information secret, and you agree to tell us (by emailing email@example.com) if you know or think someone has used your membership without your authorization.
Never attempt to use third-party programs, hacking programs, cheat codes, or other such methods in conjunction with Animal Jam. You may not attempt to send viruses, keyloggers, or trojans to Animal Jam, us, or other users. Never attempt to alter Animal Jam or our technology or coding to your advantage. Attempts at defrauding another player by gaining their trust, also called "scamming", are absolutely not tolerated. This includes trading Animal Jam Content outside of our in-game trading system, swapping account information, or any other tricks to fool other players into giving up their items in exchange for nothing.
Translation: Be yourself and make sure all of your information is accurate. Also, don’t try to cheat other Animal Jam users, and don’t try to cheat us. Scamming players for gems or not being honest in a trade will not be tolerated. Cheat codes, unauthorized membership codes not owned or controlled by WildWorks are strictly prohibited. Using cheat codes or any other additional program other than what Animal Jam provides could break Animal Jam and ruin everyone's fun.
6. Respect the Ownership Rights of Others (DMCA). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all content shared by you on Animal Jam. If you do not have proper license to share, then please do not post it to Animal Jam.
If you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with: a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) 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; c) 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 including the URL where it is located; d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and e-mail address; e) A statement that you have 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; and f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is Hughes Media Law Group PLLC, email: firstname.lastname@example.org, fax: 206-260-9300. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
Translation: Don’t post any content on Animal Jam that you don’t own. If you find something on Animal Jam that belongs to you and was put up without your permission, please contact us using our copyright infringement notice process.
7. Content Posted by Users. We do not promise that information on Animal Jam posted by third parties, including content posted by other users, is accurate or reliable. While we monitor and screen postings to keep Animal Jam suitable for kids, we make no warranties, express or implied, as to the accuracy and reliability of any postings. We have no obligation to modify or remove any inappropriate postings, and no responsibility for the conduct of the member submitting any posting. Notwithstanding the foregoing, we, in our sole discretion, reserve the right to prevent any postings from being placed on Animal Jam, and to edit, restrict, or remove such postings for any reason at any time.
Translation: We work hard to make Animal Jam a safe place for kids, but a lot depends on you. WildWorks is not responsible for content on Animal Jam posted by users or other third-parties. However, if we think content is not appropriate, we can take it down at any time without asking for permission.
8. No Hacking. You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm Animal Jam or make it operate poorly, or that would do the same to a third-party computer or any other specific feature of Animal Jam. You also agree that you will not decompile, disassemble or copy Animal Jam or any of its source code or network transmissions. If you violate this rule we will remove you as a user and block you from using Animal Jam. Doing so, however, does not limit our other rights and remedies. Also, you understand that by breaking this rule, you will have irreparably harmed us and Animal Jam.
Translation: Don’t ruin it for everyone else by trying to hack, copy or reverse engineer all or part of Animal Jam. Also, don’t share viruses, or corrupted links or files with Animal Jam or Animal Jam users.
9. Termination. We may, in our sole discretion and with or without warning, cease operation of Animal Jam, terminate your membership to Animal Jam, or otherwise restrict your access to Animal Jam. Furthermore, should we find anyone breaking the rules, we reserve the right to suspend or delete that account and take any other action we deem appropriate.
Translation: We hope we never have to, but we can terminate your access to Animal Jam at any time without any notice to you.
10. License to Use Animal Jam. We grant you the non-exclusive, non-transferable, non-sublicensable, limited right and license to access Animal Jam for personal, non-commercial use. Your rights are subject to your compliance with the TOS. The term of your license starts on the date that you install or otherwise use Animal Jam and ends on the earlier of you ceasing use of Animal Jam or our terminating your license. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with Animal Jam.
We retain all right, title and interest to Animal Jam, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.
Animal Jam is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, Animal Jam may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent. All rights not expressly granted to you herein are reserved by us.
11. License to Use Animal Jam Content. The information, pictures, graphics, games, and upgrades for use in Animal Jam (e.g., new levels, missions, characters, and in-game items and in-game currency, such as gems, diamonds, etc.) ("Game Items"), and other content, features and services available in Animal Jam, including content posted by users (collectively, the "Animal Jam Content") are owned by us or our suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive license to reproduce portions of the Animal Jam Content for the sole purpose of reviewing and using the Animal Jam Content as permitted in this TOS. We may require you to pay a fee for a non-exclusive license to use certain Animal Jam Content. You acknowledge that Animal Jam Content has no real world value, is licensed as part of, and may only be used in, Animal Jam. Accordingly, you may not sell or transfer the Animal Jam Content and all such transfers or sales are null and void. All copyright and other proprietary notices on any Animal Jam Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Animal Jam Content is strictly prohibited.
You will not to copy, reproduce, republish, upload, display, post, or transmit any Animal Jam Content and will not make or distribute things where you include the Animal Jam Content. It is a violation of our rights to do this, even if you are not selling the items, but are only giving them away. The only time you can do this is if we specifically give you permission. The use of Animal Jam Content for any other purpose is a violation of our copyright and other proprietary rights.
Translation: Non-physical, digital items that you purchase for use in Animal Jam, including memberships, avatar accessories, den items, gems and diamonds are not property owned by you. As a result, you do not have the right to modify, share, transfer or sell these items.
12. Refunds. We want everyone to be completely satisfied with our products, so we have developed the following refund rules to avoid any surprises. Please understand refunds will be granted at our sole discretion.
12.1 Recurring Transactions. As a courtesy to our premium club members, some of our memberships will automatically renew at the end of the membership term until the recurring/renewal portion of the membership is cancelled. Members can cancel the recurring nature of their subscription at any time by logging into their Parent Dashboard and using their account controls. Cancelling the recurring portion of a subscription ensures you aren't charged any renewal fees
12.2 Customer Satisfaction. If notice of cancellation is received within 7 days of the initial purchase date, you will be eligible for a full refund. No refunds will be granted AFTER 7 DAYS from the date of purchase (except as described below for duplicate and unauthorized charges.) If a membership package has automatically renewed, you also have up to 7 days to request a refund. No refunds will be granted for renewal charges AFTER 7 DAYS.
12.3 Retail Gift Cards. All gift card redemptions are final. NO refunds will be given. Information regarding gift card issue resolution can be found on the gift card or at the store at which it was purchased.
12.4 AJ Outfitters Online Gift Certificates. All gift certificate redemptions are final. NO refunds will be given. Additionally, we do not offer refunds on Gift Certificates bought on our AJ Outfitters site.
12.5 Banned Accounts. Club member accounts that have received a permanent account ban for violating the Animal Jam rules will NOT be eligible for any refunds.
12.6 Unauthorized Purchase. If notice of cancellation is received within the first 30 days of purchase and the account has been signed into and played less than three times, you will be eligible for a refund. If there are more than four plays or notice is received after 30 days of purchase, you will not be eligible for a refund. The unauthorized purchase policy only applies to initial purchases (not any automatic renewal charges).
12.7 Duplicate Orders. If you have placed too many orders, please contact customer support. You will be eligible for a refund of the duplicate charge(s) within 45 days of the purchase date. After 45 days, you will not be eligible for a refund of any duplicate charges.
12.8 Membership Transfer. Memberships cannot be transferred from one player account to another. If a membership was purchased for the wrong account, you will need to contact email@example.com to cancel the existing membership and sign up for club membership on the correct player account.
12.9 Other Fees. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over-the-credit-limit fees.
12.10 Additional Information. Refunds can only be made to your original form of payment. Refunds cannot be issued to a different credit card or via a different payment method. If the credit card used has been cancelled or is expired, we cannot issue a refund for that transaction.
Translation: These ones kind of speak for themselves.
13. Data Storage in the U.S. and Export of Animal Jam Software. We are based in the United States and we make no representation that Animal Jam is appropriate or available for use in other countries. Those who choose to access Animal Jam 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, and understand that information they provide to us will be sent out of their home country to the United States. Furthermore, the United States government places controls on exporting downloadable software into certain countries listed on the Office of Foreign Asset Control Sanction List. If you are in such a sanctioned country, or your name appears on the U.S.’s Specially Designated Nationals or Table of Deny Orders, then you may not download Animal Jam software.
Translation: Animal Jam is made for use in the United States. SBI makes no promises about whether Animal Jam is appropriate for use outside of the United States.
14. Feedback. We are grateful for any input you provide to us about Animal Jam, but we need to maintain our rights in our technology and Service. Accordingly, please do not send us any original creative materials such as stories, character or program ideas or original artwork, unless we have specifically requested that you do so. Any unsolicited submissions received by us will be deemed our property. To the extent any part of your submission is deemed not to be owned by us, then you, and your parents or guardians if you are under 18, agree to assign to us any right, title and interest in and to the submissions and waive any "moral rights" you may have in the submission.
Translation: Unless you have entered into a separate contract with us regarding the sharing of ideas, any ideas or concepts you voluntarily share with us become our property.
15. REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITIES. WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF ANIMAL JAM FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
ANIMAL JAM IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN.
YOUR USE OF ANIMAL JAM IS AT YOUR SOLE RISK.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANIMAL JAM, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED A TOTAL OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT WAIVE OR LIMIT OUR ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THIS AGREEMENT.
Translation: WE AREN’T PROMISING THAT ANIMAL JAM WILL WORK PROPERLY OR THE WAY YOU WANT IT TO. USE ANIMAL JAM AT YOUR OWN RISK. UNLESS PROHIBITED BY LAW, IF YOU SUFFER ANY INJURIES IN YOUR USE OF ANIMAL JAM, THE MAXIMUM AMOUNT YOU WILL BE ENTITLED TO RECEIVE IS $5.00.
16. Indemnification. You agree to indemnify, defend, and hold us, our parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of Animal Jam, Animal Jam Content, as well as your breach of this TOS. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Translation: If you don’t follow the rules of the TOS and something bad happens because of it, neither WildWorks nor anyone affiliated with us, will be held responsible.
17. Choice of Law and Dispute Resolution. You agree that: (a) Animal Jam is solely based in Utah; and (b) Animal Jam’s availability in other locations shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Utah. The TOS shall be governed by the internal substantive laws of the State of Utah, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from Animal Jam shall be decided exclusively by arbitration taking place in person in Salt Lake City, Utah pursuant to the commercial arbitration rules then in effect of the American Arbitration Association; provided, that said rules shall be modified as follows: (a) a party seeking arbitration shall notify the other party in writing of any claim, and provide sufficient detail about the nature and history of such claim together with sufficient documentary evidence of such claim; (b) there shall be only one arbitrator with sufficient knowledge and experience in the field of intellectual property and software development, which shall be chosen by an independent third party mutually acceptable to both parties; (c) the arbitrator shall reasonably mitigate all costs of the arbitration, and shall at all times attempt to avoid undue costs and expenses to the parties; (d) the arbitration in its entirety (including discovery, preparation, hearings, motions, etc.) shall not exceed a total of fifty (50) hours total, and shall begin and conclude within one hundred and eighty (180) days of the date the party seeking arbitration of a claim provides notice of such claim; (e) the parties may discover each other’s documents in accordance with the Utah Rules of Civil Procedure, provided such discovery is limited by the arbitrator in a manner to comply with the time and budget constraints set forth in subsection (d) and (e);and (f) the prevailing party in any arbitration brought under the TOS shall be entitled to recover from the other party its reasonable attorney’s fees and related costs of the arbitration, which fees and costs shall be included in and become part of the arbitration award. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.
Translation: If there is a dispute between you and WildWorks and it can’t be resolved through direct conversations, you agree that it will be resolved by arbitration taking place in Salt Lake City, Utah and following the specific rules set out in the TOS.
18. Links to Third Parties. As a service to you, we may provide links from Animal Jam to websites of third parties. Once you leave Animal Jam, we have no control over third parties and their respective websites and terms of service. The same applies to links to third-party sites from other members.
Translation: SBI is not responsible for anything that might happen once you have left Animal Jam, even if your leaving Animal Jam was because of a link on Animal Jam.
19. Updates to the TOS. From time to time and in our sole discretion, may modify the TOS. If we update the TOS, we will let you know by emailing you (if we have your email address), or by posting an announcement on Animal Jam. Your continued use of Animal Jam will indicate your consent to the revised TOS.
Translation: We update the TOS sometimes. When we do, we will put up a notice or email you about the changes.
Translation: The TOS is the only agreement between us, and is enforceable by WildWorks to the maximum extent of the law – even if we decide not to enforce in certain situations. You and WildWorks are independent contractors. We can transfer the rights and obligations of the TOS, you cannot. The TOS is binding on both our successors and yours.
PO Box 3624
Salt Lake City, UT 84110-3624