Terms & Conditions

Cahootie.com and ClubCahootie.com Terms & Conditions

1. Overview

At Cahootie.com, we offer information about our company, Cahootie LLC. We also offer access to our online social playspace called Club Cahootie, where kids (intended for ages 7-13) can interact with real world friends and play games in a safe and secure environment.

At Club Cahootie, we want to deliver a fun and positive experience of social interaction for kids. As such, we have some important rules to follow. Please refer to the next section "Community Rules" to learn more.

Club Cahootie complies with the Children's Online Privacy Protection Act (COPPA) (http://www.coppa.org). Please read our Privacy Policy for a more detailed explanation of how we comply with COPPA.

We do not require children to submit personal information in order to use Club Cahootie, although certain features on Club Cahootie allow users to enter free form text and upload digital media whereby personal information may be disclosed. Club Cahootie does not share any personal information loaded to Club Cahootie by our users with third parties. At any time a parent may choose to remove content uploaded to Club Cahootie by their child through the parental controls panel.

In order to comply with COPPA, we require that Club Cahootie users under 13 years of age desiring full access to the site obtain parental consent, including parental acceptance of our terms and conditions herein and our Privacy Policy [insert hyper link] on behalf of their child. Once parental consent is obtained, a Club Cahootie user under 13 years of age receives full access to the features at Club Cahootie, which includes the ability to enter free form text and upload digital media that could contain personal information. For more information on the process of providing parental consent, please click here.

Because of our Real World Friends™ system, any personal information uploaded by a user at Club Cahootie is only shared with the user's closed social network of friends (whom have been approved by parent for users under 13 users) and is not available to be viewed by other "non-friend" users.

Without parental consent, Club Cahootie users under 13 years of age will receive extremely limited access to the Club Cahootie online playspace, and will have no ability to enter free form text and/or upload any personal information.

Through the parental controls panel (which can be accessed by parents who create an account on Club Cahootie using the same parental email address that their child used to create an account), parents have the ability to monitor/delete content, delete a child's friends, and suspend a child's Club Cahootie account.

We share with you the rights to the data you and your child(ren) create on, upload to or share at Club Cahootie.

We do not advertise at Club Cahootie, nor do we link to other sites.

Cahootie LLC, ("Cahootie") is the owner and operator of www.cahootie.com and www.clubcahootie.com.

The Cahootie websites ("Sites") and the services ("Services") provided by Cahootie in connection therewith are collectively referred to as the "Software". By (1) using or accessing the Software; or (2) authorizing someone else to use or access the Software, you agree to the terms and conditions set forth below ("Terms"). If you do not agree with these Terms, neither you nor your designee may access or use the Software. For the purposes of this agreement, "you" or "user" means a (A) parent, guardian or other person who enables a child to access the Software ("Parent"), (B) adult, non-parent friend or relative who does not have a child using the Software ("Friend") or (C) child under 13 years of age accessing the Software under authority of a Parent ("Child" or "Children"). If you are a Parent, you agree to stand in the shoes of such Child for the purposes of making us whole in case of damages or indemnification that could properly lie against a Child.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site, and your continued use of the Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.

2. Community Rules

The simple rules to follow are:

1. Be nice – treat others as you would like to be treated

2. Be polite – no cursing or posting of inappropriate text or digital images

3. Be a good digital citizen (nothing illegal)

4. Remember if you are under 13, your parents can review your content if they choose to do so by simply creating a parental account…

Said another way, the following is a list of rules (the "Rules") applicable to the Site. By using the Site, you agree that:

A. You will not submit, post, upload, distribute, or otherwise make available or transmit any user content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;

B. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any user content that you submit, post, upload, distribute or otherwise make available or transmit. In addition, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such user content;

C. You will not (i) advertise or sell any products or services (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations), or (ii) use any product or service available on the Site for commercial purposes of any kind;

D. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Sites;

E. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

F. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

G. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; and

H. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity. We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. To the extent that any feature on the Site requires you to submit your email address or mobile phone number in order to send a card, email or message, you must, and you hereby agree to, furnish your actual email address or actual mobile phone number, as applicable.

WE MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

You agree that if you access Software through any method that is in any way improper, or allow or assist anyone else to do so, directly or indirectly, you agree to pay us $100 per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system. You agree that these costs may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of document, improper access means any access other than following our defined procedures for creating a valid account and paying for the Services you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple promotion codes or offers, and credit card fraud.

3. Privacy Policy

Cahootie adheres to the Children's Online Privacy Protection Act (COPPA). For more specific information, please review our Privacy Policy.

4. Registration Obligations

For users under 13 we require parental consent in order for a child to access the full features of Club Cahootie. This parental consent process entails the following:

1. Parental acceptance of Cahootie's Privacy Policy on behalf of their child.

2. Parental acceptance of Cahootie's Terms & Conditions herein on behalf of their child.

At no time during the Club Cahootie experience do we require a credit card for your child's use of Club Cahootie nor is there any sort of ongoing subscription payment required.

You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a Child, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a Child to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such Child's Parent. For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof.

If you reside outside the United States, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country-including the United States. Your personal information shall only be used in accordance with our Privacy Policy.

5. Consideration

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the site and receipt of data, materials and information available at or through the site, the possibility of our review, use or display of your User Content (as defined below in section 6 labeled "User Content"), and the possibility of publicity and promotion from our review, use or display of your User Content.

6. User Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, your Friends, other Parents or Children (through Club Cahootie) or the Services by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as for developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose. You agree that we may record all or any part of any Services (including voice or video chat communications) for quality control and other purposes. We reserve the right to revise the Services for any purpose. Notwithstanding anything to the contrary above, you agree that we own all physical or electronic records of Services and all comments that you may provide to us on or through the site, any other means as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

7. Copyright

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Software (collectively, the "Company Content") are the proprietary works of Cahootie and/or our affiliated and/or third party providers and suppliers ("Third Parties") and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content, or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site, and the Services including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services . The rights granted to you herein are revocable by us in accordance with these Terms.

8. Confidential Information

You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

9. No Commercial Use

You may not use this site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Club Cahootie's prior written consent to make commercial offers of any kind on the site, whether by advertising, solicitations, links, or any other form of communication. Club Cahootie will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the site and barring such violators from use of the site.

10. Public Forums and Communication

We reserve the right to remove or edit User Content at any time and for any or no reason at our absolute and sole discretion without prior notice, although we have no duty to do so.

11. Links

The Sites and the Services will not intentionally provide links to non- Cahootie LLC. World Wide Web sites or resources ("Third Party Sites"). However, since the Sites and Services frequently rely on Third Party Content, we cannot completely eliminate links to Third Party Sites. See Section 12 on Content Linked to the Site for more information.

12. Content Linked to the Site

Despite our best efforts, access to Third Party Content may cause Third Party Sites to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. Cahootie does not endorse the content of any third party site, nor does it make any representation or warranty about these sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. If you encounter a Third Party Site interrupting the use of the site or Services, you may notify us at: info@clubcahootie.com,

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Site.

13. Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE SITES, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITES, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITES, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITES, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITES, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, OR EMPLOYEES TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITES, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

14. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Sites, the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

15. Trademark Notice

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site or in any Company Content are registered and unregistered Trademarks of Cahootie and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Sites, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services or Company Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours and others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.

16. Local Laws; Export Control

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, 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. In addition, if you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.

17. Modification of the Services

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Sites and /or the Services.

18. Notice

By using the Sites and/or the Services, you consent to receiving electronic communications from Cahootie. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the site and/or Services. These electronic communications are part of your relationship with Cahootie.

19. Termination

Either party may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period, unless you have renewed your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the site and use of the Services. Upon the termination of these Terms you will immediately destroy any downloaded or printed Company Content.

20. General

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California and San Mateo County. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Effective: July 26, 2011