Back

SeaPals Web World Terms & Conditions

Welcome to SeaPalsWorld.com (the "Site"). We are pleased to offer a fun and unique experience through our revolutionary SeaPalsWorld program, which allows users of all ages who have purchased a plush SeaPals Friend to take part in exploring an interactive ocean environment. The following user agreement states the terms and conditions for your use of the Site. The words "user," "you" and "your" as used in this agreement refer to users of the Site, and if you are under the age of 18, "you" and "your" also includes your parents or legal guardian. "We" and "us" refers to SeaPals Web World, owned by Russ Berrie and Company, Inc.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOUR PARENT OR GUARDIAN MUST REVIEW THESE TERMS AND CONDITIONS AND ACKNOWLEDGE HIS OR HER ACCEPTANCE THEREOF.

By checking the "Agreed" box during the registration process, you signify (i) that you are at least 18 years old and (ii) your agreement and, as the case may be, your child’s agreement to these Terms and Conditions of use. If you do not agree to these terms and conditions of use, you will not be permitted to use the Site.

We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Upon such posting, you will be asked to confirm your acceptance of the changes and/or modifications and/or alterations will constitute your acceptance of the revised terms and conditions. Your consent to these new terms will be required in order for you to continue to use the Site. You are responsible for periodically reviewing this page.

REGISTRATION & YOUR ACCOUNT

When user enters the Site after the purchase of a SeaPals’ Friend, user should access the "New Member" button, after which user will be prompted to enter the Secret Code found on user’s SeaPals’s Friend package.  User will be asked to create and confirm a password, inform us of user’s age and country of residence, provide us with user’s email address, or if user is less than 18 years old, user’s parent’s email address.

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. You also agree to promptly notify us at seapals@russberrie.com of any unauthorized use of your username, password, or other account information, or any other breach of security that you become aware of. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.


USE OF THE SITE

Users of the Site shall not:
- Use the Site in such a way as to offend or interfere with the use of the Site by anyone;
- Submit names, information, or materials of any kind to the Site that would violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to names, information, or materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) constitute personal attacks on other individuals; (c) infringe the intellectual property rights of any third party; (d) promote illegal activity; (e) advertise or solicit funds or goods or services; (f) are deemed confidential by any contract or policy; or (g) SeaPals Web World, in its sole discretion, determines inappropriate for the Site;
- Attempt to access any other user’s account;
- Attempt to obtain or ascertain any other user’s password, SeaPals’ Friend package Secret Code and/or personal information by any means whatsoever;
- Attempt to elude the security systems of the Site;
- Attempt to gain access to the Site in a fraudulent manner, including but not limited to the use of fraudulent SeaPals’ Friend package Secret Code;
- Attempt to use the Site for any purposes other than those intended by SeaPals Web World, as determined by SeaPals Web World in its sole discretion;
- Sell, trade, or barter any items earned through the Site; or
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

We further reserve the right to modify and/or discontinue the Site at any time without notice, and to terminate your password and account should you be in violation of this user agreement, including but not limited to the provisions of this section entitled "Use of the Site".

INTELLECTUAL PROPERTY OWNERSHIP

All materials contained on the Site, including but not limited to software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks (including, but not limited to SeaPals’ Friend), service marks, and trade names, trade dress and patents (the "Material") are the property of SeaPals Web World and/or its affiliates, subsidiaries, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and patent. You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without the express prior consent of SeaPals Web World.

Use of SeaPals Web Worlds and/or its affiliates, subsidiaries, and licensors. Material is only permitted with 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 you to civil liability and criminal prosecution under applicable laws.

DISCLAIMER & LIMITATION OF LIABILITY

The 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. We do not warrant that the functions contained in the materials on the Site will be uninterrupted or error-free, or that defects will be corrected. SeaPals Web World, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site.

To the fullest extent permissible pursuant to applicable law, SeaPals Web World, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not 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 SeaPals Web World or materials contained on the Site whether the material is provided or otherwise supplied by SeaPals Web World or any third party, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of any material rests with you.
Notwithstanding the foregoing, in no event shall SeaPals Web World’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 the Site or US $10.99, whichever is less.

SEAPALS REGISTRATION/MEMBERSHIP EXPIRATION:

Your SeaPals account will expire after one year after the product is registered. You will need to purchase another SeaPals to renew your account. We reserve the right to modify and/or discontinue the SeaPals website at anytime without notice.

INDEMNITY

You agree to indemnify, defend, and hold harmless, SeaPals Web World, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from your violation of any of these terms and conditions. You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these terms and conditions. SeaPals Web World reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with SeaPals Web World in asserting any available defenses.

SEVERABILITY

If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

CUSTOMER SERVICE

In order to obtain customer service, access the "Contact Us" link located at the bottom of the Site’s home page and use the "Send Us an E-Mail" section of the "Contact Us" page to transmit a message to SeaPals Web World about any issues that may arise in connection with your use of the Site.

MISCELLANEOUS

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.

These terms and conditions contain the entire understanding of the parties hereto relating to the subject matter hereof.

These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the Supreme Court of the State of New York, County of New York.

This page was last updated 4.7.2008.