Webkinz User Agreement

Registration and Your Account

When you enter the Site, you will be asked to register by making up a username and password, and identifying your pet’s secret code. DO NOT use personal information that can identify who you are when choosing your username.

After providing us with your username, password and pet’s secret code, we will also collect answers about you and your Webkinz pet that will help us identify you in case you forget your password in the future. When you answer these questions, we collect your first name only, your pet’s gender, your country and state/province of residence, your birthdate and gender.

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME, PASSWORD AND PET’S SECRET CODE IN A SAFE PLACE OFFLINE BECAUSE WE DO NOT COLLECT PERSONAL INFORMATION FROM YOU, SUCH AS YOUR EMAIL ADDRESS. WE RECOMMEND YOU PRINT A COPY OF YOUR PET’S ADOPTION CERTIFICATE SINCE IT RECORDS THIS INFORMATION.

We will use your username and password to identify you when you return to our Site. IF YOU FORGET YOUR USERNAME OR PASSWORD AND LOSE YOUR SECRET CODE, YOU WILL NOT BE ABLE TO ACCESS THE SITE AND PLAY WITH YOUR PET. Your Secret Code acts as your key to Webkinz World if you forget your password or username.

The best way to ensure that you continue to enjoy the features of our Site is for you to keep your username, password and pet’s Secret Code in a safe place off line.

Your account on the Site is valid for twelve (12) months following the date that you register. You may extend or renew this period and any period which results from such extension or renewal as described below. Whichever period is then current shall be referred to as the “Registration Period”.

Each time you purchase an additional Webkinz pet, your Registration Period will be reset at twelve (12) months from the date that you register the new pet on the Site. Registration Periods are not cumulative – for example, if you register two new Webkinz pets at the same time, your new Registration Period would be twelve (12) months from the date of activation of the new pets, not twenty-four (24) months.

Alternatively, you may renew your Registration Period for additional periods of time as may be offered from time to time upon payment of the then-current and applicable renewal fee. If you renew your Registration Period in this way at any time during the existing Registration Period, then your new Registration Period will commence upon the expiry of your existing Registration Period. Renewal periods and renewal fees are set by Ganz in its discretion and are subject to change.

When your Registration Period expires, for ninety (90) days following expiry, you may reactivate your account: (a) for a further of twelve (12) months from the date of reactivation by registering a new Webkinz pet; or (b) for a further period equal to the length of the renewal period selected by you upon payment of the then current and applicable renewal fee. After this ninety (90) day period is over, you may use the Site only through the purchase and registration of a new Webkinz pet, and any information about your expired account will not be available. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on the Site.

This Site is designed for you to register all of your pets using your original username and password. We strongly recommend that you do register all of your pets using your original username and password so that you can take full advantage of all of the features that we have on the Site. If, by mistake, you register a new pet using a different username and password, a new account will be created. Accounts are separate. This means that you can only play with pets, earn and spend Kinzcash, and use other features of the Site on an account-by-account basis. Renewing, extending or resetting one account does not renew, extend or reset any other account that you may have on the Site.

Ganz reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it, as long as your Registration Period has not expired. Reactivation may take a few minutes.

User accounts, usernames, passwords, pet codes and any points, “Kinzcash” or other virtual items or rewards that you may earn on the Site are not transferable, even between your own accounts, and have no retail or cash value.

Ownership of Intellectual Property and Restrictions on Use of Materials

All materials contained on the Site, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of Ganz, its subsidiary and/or affiliated companies, third party licensors and/or other respective owners (collectively the “Ganz Materials”), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Ganz Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Ganz Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Ganz Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not use the Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Ganz Materials.

If you download software from the Site, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Ganz keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Ownership of Submissions

Certain areas of this Site will permit you to send to Ganz materials such as, for example, drawings, stories and room designs. Ganz also values users’ feedback on this Site, and to help us better understand users’ remarks, Ganz requests that users be as specific as possible in their comments on the Site.

Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, or other information of any nature (collectively, the “Information”), submitted by you to Ganz shall be deemed to be, and shall remain, the property of Ganz. You shall be deemed to have irrevocably assigned all of your worldwide right, title and interest in and to such Information to Ganz, and waived any “moral” or author’s rights therein. None of the Information shall be subject to any obligation of confidence on the part of Ganz, and Ganz shall not be liable for any use or disclosure of all or part of the Information. Without limiting the foregoing, Ganz shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the world, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Contests

From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner will be awarded a virtual prize, such as Kinzcash. We will provide the rules for such contests at such times as they are made available on the Site. You may also win Kinzcash and other virtual prizes through playing games of skill in our virtual arcade, or through trivia contests. With respect to the arcade games and trivia contests, the following minimum rules shall apply:

1. We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;
2. Your chances of winning depend on your skill in playing the game selected, and where you are playing a game against other users of the Site, your chances of winning also depend on the number of other players and their skill in playing the game;
3. For some games, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
5. Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
6. We will clearly advise you of the start and stop times applicable to the game selected;
7. There may be limits on the number of times you may play a game, so read the game instructions carefully; and
8. Prizes will be awarded without undue delay.

Using the Site

The Site is provided by Ganz and is intended to be used in a safe and enjoyable fashion. Users of the Site must not:

1. Use the Site in such a way as to offend or interfere with the use by anyone else of the Site;
2. Sell, trade or barter any items earned through the Site;
3. Submit materials to the Site that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy;
4. Attempt to circumvent the security systems of the Site;
5. Attempt to gain access to the Site in a fraudulent manner, including but not limited to using fraudulent pet codes;
6. Attempt to use the Site in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain, unearned KinzCash, items or access to the Site or pets.
7. Attempt to gain access to any other user’s accounts;
8. Attempt to ascertain any other user’s password, pet codes and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication;
9. Attempt to use the Site for any purposes other than those intended by Ganz, as determined by Ganz in its sole discretion; or
10. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Ganz expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using the Site”.

Security

You are completely responsible for maintaining the confidentiality of your username, password, pet code, and account. IF YOU FORGET OR LOSE YOUR USERNAME AND PASSWORD AND LOSE YOUR SECRET CODE, YOU WILL NOT BE ABLE TO ACCESS THE SITE. If you forget or lose your password please refer to the “Registration and Your Account” section above.

You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ganz will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

Privacy

Your privacy is important to Ganz. We have a separate privacy policy about how we treat your information. To view our Privacy Policy, please return to the Site’s home page and click the Privacy Policy link.

DISCLAIMER

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.

INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD GANZ, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “GANZ PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE GANZ PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE GANZ PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBKINZ.COM SITE OR ANY OF THE MATERIALS OR FUNCTIONS AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT, IF ANY, PAID FOR YOUR WEBKINZ PET(S), OR $100, WHICHEVER IS LESS.

General Provisions

This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.

This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the courts of the Province of Ontario, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.