Animal Jam Online Terms of Service
Last Updated 01.28.2013
Welcome to AnimalJam.com!
PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY (we call them "TOS"for short). They are your roadmap for visiting animaljam.com and playing Animal Jam the game (collectively, we will call them the “Site”) and tell you what you can and cannot do while on our Site. Do you know who owns this Site? That’s right! It is owned by Smart Bomb Interactive and operated under a license from National Geographic. You can call us "Smart Bomb Interactive,"we will call you "you,"and, if you register an account and play Animal Jam, we might also call you "Member.” If you use our Site, that means that you, and your parents or guardians (for themselves and on your behalf) understand and agree to this TOS, and to other rules we may have or create from time to time.
Your use of our Site is subject to this TOS. If you do not understand or agree with this TOS, please do not use the Site.
ANIMAL JAM RULES!
In order to make sure we all keep Animal Jam safe and fun, we ask that you follow these simple rules. If we find that you have broken any of our rules, you may be suspended or even banned from playing Animal Jam.
You don't like it when people are mean to you, so don't be mean to others.
Use kind words!
Animal Jam does not tolerate any bullying, inappropriate, hateful or bad language.
Do not engage in unsafe or inappropriate gameplay!
Animal Jam does not tolerate activities involving inappropriate relationships and themed parties.
Do not ask for or give personal info to others!
This can mean your full name, phone number, home address, email address, school name, or your username and password to Animal Jam or any other site.
Redemption codes that award Animal Jam memberships also count as personal info and should NOT be shared in-game.
Cheaters never prosper!
This includes scamming players for gems or not being honest in a trade. And using cheat codes or any other additional program other than what Animal Jam provides could break our game and ruin everyone's fun.
Report and log off!
If someone makes you feel bad or uncomfortable, you have the right to report them. There are in-game tools to help you block and report troublesome players. And be sure to tell your mom, dad, or a trusted grown up. Remember: it is OK to protect yourself!
Entire List of Animal Jam Rules of Behavior
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 the game safe and clean. Should we find anyone breaking the rules, we reserve the right to remove the account from services for any given amount of time or permanently. Please read below for a more thorough explanation as to what we expect from our players with regards to behavior:
There is a no tolerance for any form of harassment. This includes hate speech, harassment due to sexual orientation, religious orientation, political affiliations, cyber bullying, cyber stalking, and cyber threats.
Our game caters to a younger audience, so accordingly, the use of foul, obscene, abusive, sexual or inappropriate language is not permitted.
We ask that you do not give out or ask anyone for any personally identifiable information (PII). PII can be defined as: webcam information, voice over internet protocol addresses (such as VoIP, Skype, and Ventrilo), telephone numbers, cellular phone numbers, instant messenger (AIM, MSN) handles, e-mail addresses, photographs, social networking site information, home addresses, or first and last names.
Never give out any other information that could compromise your personal identity. This includes usernames, passwords, credit card numbers, PayPal account information, or Social Security numbers.
Accounts found attempting to purchase Animal Jam membership without proper account or credit card authorization, regardless of payment method, will be permanently banned from the game.
Note: If a PayPal dispute or chargeback is initiated against any Animal Jam transaction, we will treat that charge as unauthorized and action the account accordingly, up to and including a permanent ban from Animal Jam (both the game and website).
Parental consent is REQUIRED to award Animal Jam membership. Animal Jam membership cannot be awarded (either via a direct purchase or via a code redemption that awards membership) without parental consent, and accounts found violating this will be actioned accordingly, up to and including a permanent ban from Animal Jam (both the the game and website).
Threats or acts of violence, be they real world or otherwise, are absolutely not tolerated.
You may only submit materials that are your own. Never submit or attempt to submit materials that have a copyright or are trademarked.
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, Smart Bomb Interactive, or other players. Never attempt to alter Animal Jam/SBI technology or coding to your advantage.
Attempts at defrauding another player by gaining their trust-also called "scamming"-is absolutely not tolerated. This includes unfair trades, swapping account information, or any other tricks to fool another player in to giving up their items in exchange for nothing.
Boasting, planning, or discussing any illegal activity (such as stealing, or selling/using illegal drugs), whether it is a past crime or a plan to commit, is absolutely not allowed.
Please do not attempt to solicit or advertise any outside products.
You understand that we reserve the right to send any materials we deem inappropriate to law enforcement. Animal Jam will fully cooperate with local, federal, and international law enforcement whenever necessary.
We give our members the opportunity to participate in many interactive activities on our Site. Accounts that have been found breaking any of our rules, may be suspended or even permenantly banned from playing Animal Jam. As a member, you agree to adhere to the following rules:
I will be nice
You agree to be a good citizen, and not to make any postings that are mean or obscene. This includes postings that someone might find to be 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 Smart Bomb Interactive decides is inappropriate or offensive. If you fail to be a good citizen, Smart Bomb Interactive will remove your postings and may even remove you as a Member and block you from using the Site.
I will respect the privacy and rights of others
You agree not to post any content to the Site that contains personal information about any individual or that violates anyone else's privacy. You also agree not to post plagiarism (unauthorized copies of other people's works) and not to pretend to be someone else when you are online, or to pretend that someone else supports or endorses the things you say.
I will be honest and will protect my membership information
You agree to provide Smart Bomb Interactive with information that is true, complete, up-to-date, and accurate. If you break this promise, Smart Bomb Interactive may immediately cancel your membership. You must keep your account information secret, and you agree to tell us (by emailing firstname.lastname@example.org) if you know or think someone has used your membership without your authorization.
I will not use the site for business purposes
You agree not to post any business advertisements of any type including trying to sell a product or service, trying to get others to make donations, or giving people a link or URL where they can ask you about a product or service or make a donation. If we think you are using the Site for an inappropriate commercial purpose, we may, in our sole discretion, remove your postings and may even remove you as a Member and block you from using the Site.
I will not try to damage the site
You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm this Site or make it operate poorly, or that would do the same to a third-party computer or any other specific feature of the Site. You also agree that you will not decompile, disassemble or copy the Site or any of its source code. If you violate this rule we will remove you as a Member and block you from using the Site. Doing so, however, does not limit our other rights and remedies. Also, you understand that by breaking this rule, you will have irreparably harmed Smart Bomb Interactive and the Site.
The above list is neither exhaustive nor complete. Animal Jam reserves the right to alter, add, edit or change the above rules at any time. Accounts permanently banned are not subject to a refund of membership or transfer of avatars. Anyone who wishes more information as to the nature of a ban may do so by contacting us at email@example.com. This does not secure a ban removal;however, Animal Jam staff will investigate any cases of mistaken expulsion.
TERMINATION OF SERVICE
Smart Bomb Interactive may, in its sole discretion and with or without warning, cease operation of the Site, terminate your membership to the Site, or otherwise restrict your access to the Site. In such an event, Smart Bomb Interactive shall have no liability to you arising from your inability to access the Site.
Refunds will be granted at the sole discretion of Smart Bomb Interactive. Listed below are the refund policies and guidelines that pertain to Animal Jam membership purchases and card/code redemptions:
Many of our memberships recur at the end of their membership term as a courtesy to our premium club members. This means that the membership 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.
Note: Cancelling the recurring portion of a subscription ensures you aren't charged any renewal charges moving forward, but it will not cancel any charges that have already posted to your account.
Here at Animal Jam, we want everyone to be completely satisfied with our product. 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).
Note: 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.
Retail Gift Cards
All gift card redemptions are final and 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.
AJ Outfitters Online Gift Certificates
All gift certificate redemptions are final and NO refunds will be given. Additionally, we do not offer refunds on Gift Certificates bought on our AJ Outfitters site.
Club member accounts that have received a permanent account ban for violating the Animal Jam rules will NOT be eligible for any refunds.
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.
Note: the unauthorized purchase policy only applies to initial purchases (not any automatic renewal charges).
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.
Memberships cannot be transferred from one player account to another. If a membership was purchased for the wrong account, you will need to contact firstname.lastname@example.org to cancel the existing membership and sign up for Club membership on the correct player account.
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.
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.
Note: If the credit card used has been cancelled or is expired, we cannot issue a refund for that transaction.
OWNERSHIP OF SITE AND CONTENT
The Site is owned by Smart Bomb Interactive and is protected under U.S. and international laws, usually called "copyright"laws. Anything published by Smart Bomb Interactive on this Site, including informational resources, software, patents, photographs, images, illustrations, audio clips, and video clips (we refer to all of this as "Content") are protected by copyright, and owned or controlled by Smart Bomb Interactive, its parent or affiliated companies, or someone else who has given Smart Bomb Interactive permission. Smart Bomb Interactive owns, and only Smart Bomb Interactive may use, the names ("trademarks") Smart Bomb Interactive, Animal Jam, National Geographic, animaljam.com, Smart Bomb Interactive logo, and all designs and other logos.
By using the Site, you agree not to copy, reproduce, republish, upload, display, post, or transmit (including by e-mail, facsimile, or other electronic means) any Content. You further agree not to make or distribute things where you include the Content (for example, you will not make from things on the Site any icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards, or any unlicensed merchandise). 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 (on a particular page of our Site). The use of Content for any other purpose is a violation of our copyright and other proprietary rights.
Sometimes, we might let you download software. When we do this, you can use the software on your own computer (this is called a "license"), but it is still Content, and we still own it. Since we still own the software, this means that you cannot put it on a CD-ROM, give or sell copies of the software to someone else, try to take it apart (techies call this "decompile, reverse engineer, or disassemble"). The United States government places "export controls"on downloadable software: our government prohibits exports to people in Cuba, Iraq, Libya, North Korea, Iran, Syria, and other countries where the U.S. will not let companies sell stuff. People on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders also cannot download software. If you are located in one of those countries, or are on one of those lists, you promise us you will not download software. If you want to download the software, you promise us that you are not one of these people.
Feedback and contest entries: We are grateful for any input you provide to us about our Service, but we need to maintain our rights in our technology and Service. Accordingly, you acknowledge and agree that all feedback, suggestions for enhancement or ideas that you provide to us concerning the Service ("Feedback") will be owned by us without any obligation of compensation to you.
We are pleased to hear from our members and welcome your comments regarding the Site and other Smart Bomb Interactive products. Unfortunately, however, Smart Bomb Interactive’s company policy does not allow us to accept or consider creative ideas, suggestions, or other materials, except when we have specifically asked you to send them to us. We hope you will understand that we want to avoid future misunderstandings that might happen because many ideas are alike. Our team works all day to come up with lots and lots of ideas. Because of this, projects developed by our staff might seem to someone who sent us something to be similar to what he or she sent. Please therefore 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. For example, as part of your participation, we may ask you to submit materials, and at the time, we will describe to you how to do so.
When you submit things to us, you will be viewed as an "independent contractor."As an independent contractor, we may ask you to submit to us creative suggestions, ideas, notes, drawings, concepts, or other information (we call these "Submissions"). If you are a minor, you will need to have your parents or guardians give us permission for you to send us Submissions, and those Submissions will be deemed to have been submitted on your behalf by your parents or guardians. Both you and your parents or guardians will therefore be viewed as an independent contractor.
Additionally, your Submissions will be considered to be "Works for Hire,"a technical term under copyright laws that means they are the property of Smart Bomb Interactive. To the extent that, under the technicalities of copyright law, any part of your Submission is deemed not to be a work for hire, it will still belong to Smart Bomb Interactive, because by submitting it you, and your parents or guardians if you are under 18, hereby agree to assign to Smart Bomb Interactive any right, title and interest in and to the Submissions including any copyright, trademark, or other intellectual property rights you might hold, and to waive any artistic rights, legally known as "moral rights."
To the extent that you are deemed to retain any right in or to the Submissions, you automatically grant Smart Bomb Interactive a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, media, or technology now known or later developed throughout the universe.
You agree that the Submissions are original to you, and do not infringe the rights of any third parties and upon our request, to execute any paperwork that may be necessary to implement or perfect our ownership. Nothing you give us will be treated as a secret, meaning that Smart Bomb Interactive can publicize that you sent us something, and tell people what that thing was. Smart Bomb Interactive shall not be liable for any use or disclosure of any Submissions.
In summary: we own it, you will not be paid, and we are not required to keep it secret. You, and your parents or guardians if you are a minor, should talk this section over carefully to make sure that you understand it.
NO WARRANTIES AND LIMITATION OF LIABILITY
Smart Bomb Interactive does not promise that information on the Site posted by third parties, including Content posted by Members ("Postings"), is accurate or reliable. You should therefore not rely on any Postings. In legal terms, that means that though Smart Bomb Interactive monitors and screens the Postings to the best of its ability, it makes no warranties, express or implied, as to the Postings or the accuracy and reliability of any Postings, and you understand that Smart Bomb Interactive has no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of the member submitting any Posting. Notwithstanding the foregoing, Smart Bomb Interactive, in its sole discretion, reserves the right to prevent any Postings from being placed on its Site, and to edit, restrict, or remove such Postings for any reason at any time.
The following is more legal language that means that although Smart Bomb Interactive tries its best to give you a good online experience, it cannot promise that things will work perfectly, and you should not depend on the Site working all the time: THIS SITE IS PROVIDED ON AN "AS-IS AND AS-AVAILABLE"BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SMART BOMB INTERACTIVE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT IT SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, SMART BOMB INTERACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMART BOMB INTERACTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, POSTINGS OR CONTENT, EVEN IF SMART BOMB INTERACTIVE OR A SMART BOMB INTERACTIVE-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SMART BOMB INTERACTIVE'S 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 SMART BOMB INTERACTIVE'S ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THIS AGREEMENT.
Our lawyers also want us to tell you that not only should not you expect the Site to work perfectly, if you use the Site, you are agreeing not to sue us if anything goes wrong. In legal language, that is: You, and if you are a minor, your parents or legal guardians on his, her or their own and on your behalf (collectively, "You"), agree to release Smart Bomb Interactive, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site including, without limitation, physical or psychological harm.
Following the law
This Site is controlled and operated by Smart Bomb Interactive from its offices within the State of Utah, United States of America. Smart Bomb Interactive makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site 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 that they provide to Smart Bomb Interactive will be sent out of their home country to the United States.
You hereby agree to indemnify, defend, and hold Smart Bomb Interactive, its 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 the Site, Content and Postings as well as your breach of this TOS. You shall use best efforts to cooperate with Smart Bomb Interactive in the defense of any claim. Smart Bomb Interactive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
Links to third parties
As a service to you, Smart Bomb Interactive may provide links from our Site to websites of third parties. We will warn you that you are leaving our Site by telling you: "You are leaving Animal Jam."However, once you leave our Site, 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.
CHOICE OF LAW;VENUE;ARBITRATION GOVERNING LAW AND VENUE
Any claims arising out of or in connection with this TOS shall, upon the request of any party involved, be submitted to and settled by arbitration in or around the City of Salt Lake in the State of 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 claims together with sufficient documentary evidence of such claims;(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 Washington 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 these 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.
CHANGES TO THE SITE OR THIS TOS
From time to time and in our sole discretion, we may change the Site or the things we offer on the Site. We may also change this TOS. If we change this TOS, we will let you know by posting an announcement on the Site or by e-mail. If you do not like such changes, you should stop using the Site. If you are a Member, we will also work with you to cancel your membership, if you would like. If you keep using the Site after we have informed you of the changes, it means you agree and accept those changes. If, for any reason, changes are deemed invalid, void, or for any reason unenforceable, those changes shall be deemed severable and shall not affect the validity and enforceability of any unchanged portions of the Site or this TOS.
This TOS constitutes the complete and final agreement between you, your parents or guardians if you are a minor and Smart Bomb Interactive. If any provision of this TOS is unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. The parties are independent contractors, no joint venture, partnership, employment, agency or exclusive relationship exists. The failure of Smart Bomb Interactive to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision. Smart Bomb Interactive may transfer or assign this TOS or the Site, in whole or in part, to any third party of its choosing. This Agreement shall inure to the benefit of and be binding upon either party’s respective successors and permitted assigns.
PO Box 3624
Salt Lake City, UT 84110-3624