Nick Jr. Arcade

Terms Of Use

Terms and Conditions for Arcade Pass Membership

IMPORTANT - PLEASE READ CAREFULLY: These Terms and Conditions for the Arcade Pass Membership (the "Agreement") is a legal agreement between you (either an individual or an entity) and Nickelodeon, a business unit of MTV Networks, a division of Viacom International Inc., its subsidiaries, its suppliers and licensors ("Nickelodeon") for the Nick Arcade Pass and NickJr. Arcade Pass (each a "Service" and collectively, the "Services"). The Services include product upgrades, support and access to content as described. You may only receive the Services if you are a Service subscriber in good standing and have made required payments in a timely manner, or if you are in the trial period of the Services. If you do not agree to the terms of this Agreement, do not purchase or use the Services.

YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOUR USE OF NICKELODEON'S SOFTWARE ("SOFTWARE") WILL BE GOVERNED BY THE GAME LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. THE TERMS OF THIS AGREEMENT SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF SUCH GAME LICENSE AGREEMENT, AS WELL AS THE TERMS OF USE FOR THE NICK ARCADE AND NICKJR. ARCADE WEBSITES, WHICH SHALL BE INCORPORATED HEREIN BY REFERENCE.

1. PAYMENT & SERVICES You agree to pay Nickelodeon the applicable charges for your use of the Services, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize Nickelodeon to automatically bill the charge card you provide each month or on each applicable membership period renewal date, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Service. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable membership period, if not monthly. All payments are completely non-refundable. You may cancel the Services at any time, but Nickelodeon will not refund any remaining portion of your membership fees, including any minimum commitments, already billed to your account. You agree to provide Nickelodeon with a valid credit card and accurate, complete and updated information required by the membership registration form. Failure to comply may result in the immediate termination of Services.

You are responsible and liable for any fees, including attorney and collection fees, that Nickelodeon may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding commitment remaining on your membership if you cancel or terminate the Service. You agree to notify Nickelodeon about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Nickelodeon's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. During your active membership period, you are entitled to receive one game credit, good for a full version PC game, each month or more frequently if you so choose to pay for additional credits sooner than the minimum requirement. You may also purchase as many additional game credits as you'd like at the same price as your monthly membership rate. Game credits do not expire and will continue to accrue as long as you are being billed your monthly membership fee.

2. CANCELLATION POLICY. You may cancel your membership at any time. You will not receive any refund or partial refund for any charges already billed to your account. You are responsible for any remaining financial obligations remaining on your membership and you will be billed for the remaining game credits due on your Membership as soon as you cancel. You may contact Nickelodeon on our website using our contact form. You understand and agree that cancellation of your membership is your sole right and remedy with respect to any dispute with Nickelodeon. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Nickelodeon's enforcement or application of this Agreement; (2) any policy or practice of Nickelodeon, including any Nickelodeon Privacy Policy, or Nickelodeon's enforcement or application of these policies; (3) your ability to access and/or use the Service; (4) any Nickelodeon Software or content provided by or through Nickelodeon; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3. NICKELODEON'S RIGHT TO TERMINATE OR MODIFY SERVICES. Nickelodeon may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event Nickelodeon modifies the Agreement or the Services, you may terminate the Services. Nickelodeon may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Nickelodeon's sole discretion. Nickelodeon may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Nickelodeon to effect such termination. Upon any termination of this Agreement (whether by you or Nickelodeon), you shall immediately discontinue use of the Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

4. SERVICE USE RESTRICTIONS. You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdictions in which you use the Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Service; (iii) rent, lease, transfer, or otherwise transfer rights to the Service; and/or (iv) remove any proprietary notices or labels on the Service. You may only use the Service for your private, non-commercial use. You may not use the Service in any way to provide, or as part of, any commercial service or application. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.

In addition to any other remedies available in equity or law to Nickelodeon and Nickelodeon's content suppliers, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate right to use the Service.

5. PERSONAL INFORMATION AND PRIVACY. Personal information you provide to Nickelodeon is governed by the Nickelodeon Privacy Policy at http://www.nick.com/mynick/site_wide/privacy/index.jhtml. Your election to use the Service indicates your acceptance of the terms of the Nickelodeon Privacy Policy, so please review it carefully if you have any questions about Nickelodeon treatment of personal information you provide to us. To summarize key terms of the Nickelodeon Privacy Policy: Information collected during purchase, trial sign up and/or registration may include name, e-mail address, age, gender, location information, product and service information, information on software downloads and updates, systems information, content preferences, purchase information and credit card billing information. The information is stored locally on a user's personal computer and on Nickelodeon servers and is sent to and from such servers as part of routine product communications that enable Nickelodeon's functionality. Nickelodeon uses this information to: (a) verify access rights to premium content, services or software, (b) to provide you with information about products, services, news and events, (c) to allow you to purchase and download products and services, (d) to provide you with advertising, promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us, (e) to provide you with personalized content, instructions and services, (f) for license reporting, billing, royalty payments and assessment of service levels, and (g) to better understand on an aggregated basis how our products are used, traffic patterns and what types of content and services are most popular with users of our products and services.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Nickelodeon immediately of any unauthorized account use. Nickelodeon is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6. E-MAIL NOTIFICATION. To let you know what new products are available from time to time, Nickelodeon will send you e-mail describing the latest product and how to get access to such product. You agree that as a Service subscriber, Nickelodeon may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from Nickelodeon. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement.