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TERMS OF USE HI! WELCOME TO WWW.NETBABYWORLD.COM (THE "SITE"). PLAYCOM GAME DESIGN AB ("PLAYCOM") IS HAPPY TO GIVE YOU ACCESS TO THIS SITE FREE OF CHARGE, INCLUDING FREE ACCESS TO MOST OF ITS ACTIVITIES. PLEASE, BE INFORMED OF THE FOLLOWING LEGAL DETAILS, BEFORE STARTING TO HAVE FUN. 1 ACCEPTANCE 1.1 GENERAL USE OF THIS SITE IS SUBJECT TO CERTAIN TERMS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND PLAYCOM. BY USING THIS SITE, INCLUDING ANY OR ALL OF ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS OF USE HEREBY PRESENTED. IF YOU DON'T AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. 1.2 CHANGES WE RESERVE THE RIGHT TO MAKE CHANGES TO ANY OF THE TERMS, AT OUR SOLE DISCRETION, BY UPDATING THIS POSTING AT ANY TIME. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION. IN ADDITION, WE MAY UPDATE OUR PRIVACY POLICY (SEE BELOW). PLAYCOM MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN PRODUCTS, PROGRAMS AND/OR ACTIVITIES AT THIS SITE AT ANY TIME. PLEASE CHECK BACK FROM TIME TO TIME TO ENSURE YOU ARE AWARE OF ANY CHANGES. YOUR CONTINUED USE OF OUR SITE WILL SIGNIFY YOUR ACCEPTANCE OF THESE CHANGES. 2 REGISTRATION 2.1 PRIVACY POLICY AT NETBABYWORLD.COM WE ONLY COLLECT PERSONAL INFORMATION FROM VISITORS ON A VOLUNTARY BASIS. ANY INFORMATION THAT WE MAY COLLECT FROM YOU WHILE REGISTERED ON ANY AREA OF THIS SITE IS SUBJECT TO OUR PRIVACY POLICY. FOR THE FULL TEXT OF THE PLAYCOM PRIVACY POLICY, PLEASE CLICK ON "PRIVACY POLICY" AT THE TOP OF THIS PAGE. 2.2 INTERNET COST AND EQUIPMENT IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE INTERNET. PLAYCOM IS NOT RESPONSIBLE FOR ANY COSTS RELATING TO INTERNET ACCESS OR YOUR COMPUTER EQUIPMENT, INCLUDING MODEM AND OTHER DEVICES. 3 SECURITY POLICY 3.1 NO WARRANTY PLAYCOM MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED, REGARDING THIS SITE OR ANY OF ITS CONTENT. THE SITE AND ALL ITS SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. PLAYCOM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IF ANY. PLAYCOM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. PLAYCOM DOES NOT GUARANTEE COMPATIBILITY WITH THE COMPUTER HARDWARE OR SOFTWARE YOU ARE USING WHILE VISITING THIS SITE, OR WHILE USING OR DOWNLOADING ANY OF ITS CONTENT. YOUR SOLE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH ANY CONTENT OF THIS SITE, IS TO DISCONTINUE YOUR USE OF THIS SITE. 3.2 LIMITATION OF LIABILITY IN NO EVENT SHALL PLAYCOM OR ITS LICENSEES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOST PROFITS, LOST SAVINGS, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, SITE DOWN TIME OR INTERRUPTIONS, OR ANY INCIDENTAL SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS SITE. PLAYCOM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PLAYCOM IS NOT RESPONSIBLE FOR THOSE COSTS. 3.3 RESPONSIBILITY OF USE YOU USE THIS SITE AT YOUR SOLE RISK. YOU AGREE THAT PLAYCOM, ITS LICENSEES, ITS CONTENT PROVIDERS - INCLUDING OTHER USERS OR AFFILIATES - ASSUME NO RESPONSIBILITY FOR DAMAGES SUFFERED BY YOU WHILE USING THIS SITE. YOU AGREE THAT YOU WILL BE PERSONALLY RESPONSIBLE FOR YOUR USE, ACTIVITY AND COMMUNICATION ON THIS SITE. 3.4 INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PLAYCOM, ITS AFFILIATES, LICENSEES, AND SUPPLIERS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE SITE OR YOUR BREACH OF THE PLAYCOM TERMS OF USE. PLAYCOM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION FOR THAT MATTER. 4 USER POLICY 4.1 COPYRIGHT ANY SOFTWARE THAT YOU MAY DOWNLOAD FROM THIS SITE IS THE COPYRIGHTED WORK OF PLAYCOM AND/OR ITS LICENSORS. PLAYCOM HEREBY GRANTS TO YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE SOFTWARE SOLELY ON YOUR SINGLE PERSONAL COMPUTER FOR NON-COMMERCIAL USE. FOR MORE INFORMATION ABOUT OUR COPYRIGHT AND TRADEMARK NOTICES, PLEASE CLICK HERE. 4.2 YOUR ACTIVITY WE BELIEVE THAT ALL VISITORS AND MEMBERS BENEFIT FROM BASIC RULES REGARDING BEHAVIOUR AND CONDUCT WHILE USING THIS SITE. IF PLAYCOM DETERMINES, IN ITS SOLE DISCRETION, THAT YOU HAVE VIOLATED ANY APPLICABLE LAWS IN THE USE OF THIS SITE, NOT BEING RESPECTFUL OF OTHER USERS, HARASS, THREATEN OR ABUSE OTHER PEOPLE, OR OTHERWISE VIOLATE THESE PLAYCOM TERMS OF USE, WE MAY DENY YOU ACCESS TO THIS SITE. PLAYCOM RESERVES THE RIGHT TO DENY YOU ACCESS TO THIS SITE, OR ANY PART OF THIS SITE, AT ANY TIME WITHOUT NOTICE. 4.3 PUBLICITY RIGHTS IF YOU WIN A CONTEST, OR RECEIVE OTHER SPECIAL RECOGNITION FOR CONTENT THAT YOU SUBMIT TO US, YOU GIVE US PERMISSION TO POST YOUR USER NAME AND/OR HOMETOWN ON OUR SITE IN CONNECTION WITH YOUR SUBMISSION OR THE CONTEST. IF YOU DO NOT WANT US TO POST YOUR ACTUAL NAME ON THIS SITE, THEN PLEASE USE AN ALIAS INSTEAD OF YOUR ACTUAL NAME AS YOUR USER NAME. 5 LINKS 5.1 THIRD PARTY SITES PLAYCOM MAY INCLUDE HYPERLINKS ON THIS SITE TO WEBSITES OPERATED BY PARTIES OTHER THAN PLAYCOM, INCLUDING ADVERTISERS. PLAYCOM DOES NOT CONTROL SUCH WEBSITES AND IS NOT RESPONSIBLE FOR THEIR CONTENT AND DOES NOT MAKE ANY REPRESENTATION REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD PARTY WEBSITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK. THOSE SITES MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. PLAYCOM IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES ON THOSE SITES, OR THE USE OF ANY INFORMATION THOSE SITES MAY COLLECT. 6 GOVERNING LAW 6.1 THE LAWS OF SWEDEN THESE PLAYCOM TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWEDEN. ANY LITIGATION OR OTHER DISPUTE WITH RESPECT TO THESE TERMS AND/OR THIS SITE AND/OR WILL TAKE PLACE IN STOCKHOLM, SWEDEN. 6.2 JURISDICTION IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID BY ANY COURT HAVING COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY TERM OF THIS AGREEMENT SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERMS OR ANY OTHER TERM. QUESTIONS? IF YOU HAVE ANY QUESTIONS OR COMMENTS REGARDING THE PLAYCOM TERMS OF USE, OUR PRIVACY POLICY OR REGARDING PLAYCOM, PLEASE FEEL FREE TO CONTACT US VIA E-MAIL: CONTACT@PLAYCOM.COM REGULAR MAIL: PLAYCOM GAME DESIGN AB, VIDEHUSET I PARTIHALLARNA, SE-400 13 GOTHENBURG, SWEDEN FAX: +46 31 707 88 41. FROM THE US, PLEASE FAX: 1-413-826-3789. CREATED 2000/05/21, ©1998, 1999, 2000, 2001, 2002, 2003 PLAYCOM AB |