General Agreement
In order to participate in Team WONDERREEL online sites and activities courses, you must first carefully read and agree to these Terms of Service and to our Privacy Policy (collectively “Terms”). By accessing and participating in any Team WONDERREEL site or activity, you have indicated that you accept these terms of service and that you agree to comply with them. WONDERREEL reserves the right to modify these terms at any time and will publish notice of modification at this site. These Terms constitute a legal agreement between you and WONDERREEL, a copyrighted service of Wigglesworth and Claverly Enterprises LLC.
User Age and Eligibility
Participation in Team WONDERREEL sites and activities (“the Sites”) is restricted to those individuals who have registered, who are 18 years of age and over and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties herein, as well as to individuals younger than 18 whose parents or legal guardians have consented to their registration and participation. By accessing the Sites or enabling access to a person younger than 18, you affirm that you meet and accept the eligibility requirements. If you have questions about eligibility, please contact us at siteaccess@wonderreel.com.
Access to the Sites
While portions of the Sites may be available to the general public, portions of the Sites are restricted to registered users who meet eligibility criteria. You agree that you will not access any registration-only portions of the Sites if you do not meet the eligibility requirements, nor facilitates such access for any other individual. WONDERREEL is not responsible for any delay, inability or failure to access the Site due to any cause, including but not limited to acts of God, natural disasters, government orders, labor unrest, malfunction of user hardware or software, interruption in internet service, loss or corruption of data, and unanticipated suspension or cessation of service from any underlying service provider.
User Registration
Family Accounts. In order to fully participate in the Sites, you must register and create a Family Account, for which you are required to provide a valid e-mail address (“E-mail Address”), which will be used as your username, and to create a user password (“User Password”). In setting up your Family Account, you may also be prompted or required to enter additional information, including but not limited to your name, location or other information required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to refuse access to or to terminate your use of the Sites.
Authorized Child Members. Family Account holders may be provided with numerical codes (“Family Account Numbers”) which can be used to create Team WONDERREEL memberships for children under the age of 18. You accept and acknowledge that you have granted consent to, and that you take responsibility for, participation in the Sites by any individual under the age of 18 whose membership has been created with your Family Account Number (“your Authorized Child Members”). You further accept and acknowledge that these Terms apply without exception to your Authorized Child Members; that you are solely responsible for adherence to, and liable for any breach of, these Terms by your Authorized Child Members; and that all references to “you” or “your” in this agreement incorporate reference to your Authorized Child Members.
License to use Site Materials
Unless otherwise indicated, the Sites and all its content, such as video, images, and the HTML used to generate the pages (“Material”) are the property of WONDERREEL or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, WONDERREEL grants you a personal, non-exclusive, license to access and use the Site and the Material, transferable only to your Authorized Child Members. No user may copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Material or modify or create derivative works of the Material. The burden of determining that use of any information, software, material or any other content on the Sites is permissible rests with the User. Some content on the Sites is provided by third parties, and the use of that content is subject to rules and restrictions as indicated on the Sites. You agree to be bound by all such rules and restrictions.
Modifications to Site
WONDERREEL reserves the right, for any reason or no reason, in our sole discretion and without notice, to terminate, change, suspend or discontinue any aspect of the Sites, including without limitation, information, data, text, music, sound, photographs, graphics, video, messages, Materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules and limits on the use of the Sites or restrict your access to parts of or all Sites without notice or penalty.
Rules for Online Conduct
You agree to use the Sites in accordance with all applicable laws. You are responsible for your own communications and those of your Authorized Child Members, including the transmission and posting of messages, and are responsible for the consequences of their posting on or through the Sites. You further agree that you will not post malicious or harmful content anywhere on the Sites including without limitation the following:
• Content that defames or threatens others
• Harassing statements or content that violates federal or state law
• Content that discusses illegal activities with the intent to commit them
• Content that is not your own, or infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
• Content related to partisan political activities
• Material that contains obscene (i.e. pornographic) language or images
• Advertising or any form of commercial solicitation or promotion, including links to other sites
• Content that is otherwise unlawful, intentionally incomplete, misleading or inaccurate content.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
System Security
Violations of system or network security may result in civil or criminal liability. WONDERREEL will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Sites, including without limitation:
• attacking, probing, scanning or testing the vulnerability of, breaching security of, disrupting, disabling or harming the Sites, or servers or networks connected to the Sites using the Sites via any automated means, such as a screen-scraper or robot. This is not intended to exclude the use of assistive technology for your own use, such as screen-readers;
• sending any unsolicited e-mails to other Sites Users or forging any TCP/IP packet header or any part of the header information in any e-mail
• displaying any of the Sites within a frame on another website without consent, or placing pop-up windows or other disruptive technologies over it
• accessing data not intended for you or logging into a server or account you are not authorized to access
• attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing”
• impersonating another person or improperly allowing another to use your registration information to access the Sites.
Content Disclaimer
The Material on the Sites may include the opinions of their creators and are not statements of advice, endorsement, opinion, or information by WONDERREEL. If you feel you might be offended by the content of the Sites, you should not continue.
User-Supplied Content
Warranty. You agree that, if a third party claims that any material you have contributed to any of the Sites is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. WONDERREEL has the right to remove material from the Site, block access, or take other action with respect to the material in its sole discretion.
Grant of license. Upon submission of any material to or through the Sites, you hereby grant WONDERREEL an irrevocable, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform, publicly display and provide to other researchers any such submission.
International Use and Consent to Processing
WONDERREEL controls and operates the Sites within the United States of America, and all information is collected, transmitted, processed and stored within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the 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. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission processing and storage of such information in the United States and the use of such information for research by WONDERREEL and other U.S. and international researchers.
Third Party Services
The Sites may incorporate online services maintained or controlled by other providers (“Third Party Services”). WONDERREEL is not responsible for, does not endorse nor routinely screen, approve, review or endorse the contents of any products or services that may be offered by these other providers. WONDERREEL is not responsible for and shall in no event be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of incorporated Third Party Services.
Choice of Law/Forum Selection
The Sites are managed by WONDERREEL, located in Columbia County, New York. You agree that any dispute arising out of or relating to these Terms or any content posted to any of the Sites, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Columbia County, New York as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or WONDERREEL may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and WONDERREEL. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or cause of action you may have with respect to WONDERREEL or the Sites must be commenced within one (1) year after the claim or cause of action arose.
Disclaimer of Warranties
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WONDERREEL DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SITE, INFORMATION OBTAINED FROM A SITE OR LINK TO A SITE. WONDERREEL DOES NOT WARRANT THAT THE SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THE SITES IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING,WONDERREEL DOES NOT WARRANT THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITES WILL BE FREE OF OUTAGES, INTERRUPTIONS, DELAYS, SECURITY FLAWS, AND ERRORS, (C) THE INFORMATION OBTAINED FROM THE SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, (D) THAT YOU WILL BE ABLE TO TRANSMIT OR RECEIVE INFORMATION FROM OR THROUGH THE SITES OR (E) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED.
Limitation of Liability. YOU AGREE THAT WONDERREEL WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR, YOUR AUTHORIZED CHILD MEMBERS’, OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE SITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITES. IN PARTICULAR, WONDERREEL WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITES OR ANY CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITES, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF WONDERREEL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF WONDERREEL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Termination Rights
You agree that WONDERREEL, in its sole discretion, may terminate your or any of your Authorized Child Members’ use of the Sites or participation in any online activity, for any reason or no reason and at any time; WONDERREEL shall not have any liability to you for the termination.
Consumer Notice
If you have any questions regarding services provided through the Site, you may contact WONDERREEL at consumerservices@wonderreel.com or 244 Fifth Avenue, Suite N277, New York, NY 10001, USA.
Proprietary Rights
The logos, names and graphics on the Sites may be trademarks of WONDERREEL or its affiliates. Use, reproduction, copying or redistribution of such trademarks, without the prior written permission of WONDERREEL or its affiliates, is prohibited. All trademarks or service marks appearing on the Site are the marks of their respective owners.
Except as otherwise provided herein, use of the Sites does not grant you or any of your Authorized Child Members a license to any content, features or Material accessed on the Site, and neither you nor any of your Authorized Child Members may modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or Material, in whole or in part. Any commercial use of the Sites is strictly prohibited except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose. If you make use of the Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Sites.
Indemnification
You agree to indemnify and hold WONDERREEL and its officers, agents, employees, and assignees, harmless from any claims, actions, demands, losses or damages, including legal fees, arising out of, resulting from or in any way related to your use of the Sites or violation of these Terms. You further agree to fully cooperate in WONDERREEL’s defense against any such claims.
Copyright Complaints
WONDERREEL respects the intellectual property rights of others. In accordance with Title II of the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for all sites operated by WONDERREEL. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact WONDERREEL’s DMCA Designated Agent at DMCA-Claim@wonderreel.com and provide the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) 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.
Notices
Notices to you may be made via either e-mail or regular mail. Notices to WONDERREEL should be e-mailed to legalnotices@wonderreel.com. The Sites may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on the Sites.
General Information
WONDERREEL’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without WONDERREEL’s express prior written consent.
The Terms inure to the benefit of WONDERREEL ‘s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.