Terms And Conditions

Last Updated: March 1, 2010

Welcome to the Melody Street Website (the "Website"). The Website was created as a source of personal fun and entertainment.

The following Terms of Use are basically a set of rules by which we operate our Website. If you are a parent, please be sure to review these terms with your children prior to use; if you are a kid, please get your parents to review this with you. It’s just so we all know what is expected of us when we journey through Melody Street.

In general, we want you to know that we have created this Website for your home use and fun. We have created all the information and games here for you to play with – but at the end of the day, don’t forget to put them back in place.

Also remember, that other kids will also be playing with the games and walking through the streets as well. You might see some the when you play with us. If anyone is not playing according to the rules, please let us know. We want this to be a safe place for you to play in.

Please also note that if you do write us or send us things, we might use it and show it to our other guests. So please only send us things that you agree in advance to allow us to share with everyone. Please ALWAYS check with your parents first before you send us anything.

The following is legal adult language which describes the above and some more rules that we have created for Melody Street. Please review with your parents and most importantly, we hope you enjoy!

WELCOME

The Website is operated and provided to you by Melody Street LLC (referred to herein as “Melody Street”, “we”, “us” or “our”), is subject to these terms of use. IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS THIS WEBSITE. Please note that Melody Street reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these terms, at any time.

CONTENT ON THE WEBSITE

Everything contained in this Website is either the copyrighted property of Melody Street or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees.

Melody Street® and other trademarks, slogans, service marks, trade names, and trade dress which appear on the Website are proprietary to Melody Street. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Melody Street.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Website or its content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. Furthermore, except as we specifically agree in various sections (including downloads for your personal non-commercial home use), no content from the Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, not even as part of a derivative work. When we do allow you to download, email or otherwise use certain content outside the context of the Website, you must do so as long as you (a) keep intact all copyright and other proprietary notices, (b) do not rent, lease, loan, sell, or distribute the content, in whole or in part, and (c) do not use the content of the Website in an unlawful manner or in a manner that suggests an association with any of our Website or brands. Any business use of the Website is prohibited unless specifically allowed by us in writing.

YOUR CONTENT ON THE WEBSITE

In some areas of the Site, we allow our users to post, upload, email or otherwise transmit content via the Website ("User Content"). If you choose to do so, rest assured that such User Content remains yours, however be aware that by posting, uploading, emailing or otherwise transmitting the User Content, you are representing that you have all rights to distribute such User Content and agree to do so for lawful purposes only. You further understand that Melody Street claims no ownership or control over your User Content or that of others, and is not and shall not be responsible for, screening or monitoring such materials posted.

You shall be solely responsible for your User Content and expressly agree that your User Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. MELODY STREET DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE USER CONTENT TRANSMITTED.

You also agree that you will not (i) use the Website to spam others or create mass-emails, (ii) continue harmful behavior of you have been warned of such, and/or (iii) create a false identity or forged email address or header, or in any other way attempt to mislead others as to the identity of the sender or the origin of the message.

If you see any User Content on our Website that you feel breaches the above, please report it to us immediately we will remove it if we also agree that it should not be part of Melody Street. Accordingly, Melody Street reserves the right to remove User Content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards. Melody Street reserve the right to edit or delete any User Content posted on our Website, regardless of whether such material violates these standards or not.

COPYRIGHT INFRINGEMENT POLICY

Melody Street is committed to protecting the rights of copyright rightholders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Melody Street will undertake appropriate steps against copyright repeat offenders. Melody Street will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the "DMCA"). Upon receipt of notices complying with the DMCA, Melody Street will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to the Designated Agent by mailing all required documentation to: Melody Street, Inc., 5619 W. 4th Street, Los Angeles, CA 90036, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email to info@melodystreet.com with the words “Attn Copyright Infringement Designated Agent” in the subject line.

NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. MELODY STREET DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE WEBSITE, ITS CONTENT, USER CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT WEBSITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

As mentioned, the Website may contain the opinions and views of other users. Given the interactive nature of the Website, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless Melody Street and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) ("Damages") asserted against, imposed upon or incurred by Melody Street and/or any of its Related Parties resulting from or arising out of any violation of these Terms of Use by you, including, without limitations, infringement of third party’s rights by your use of the Website or through User Content.

MELODY STREET WILL NOT BE 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 MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MELODY STREET OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

PRIVACY

Unless otherwise explicitly stated herein or in the Melody Street Privacy Policy, any non-personal information or material sent to Melody Street will be deemed NOT to be confidential. By sending Melody Street any non-personal information or material, you grant Melody Street an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Melody Street is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a Website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

To learn more about how Melody Street protects your personal information, such as your name and email address, please refer to the Melody Street Privacy Policy.

PUBLIC AREAS

"Public Area" means an area within the Website that offers the opportunity for users to communicate and share their ideas, like a forum, message board or social community environment.

You acknowledge that the Public Areas and features offered through the Website are for public use and not private communications, and you have no expectation of privacy with regard to any communication you might make through one of these Public Areas. Please be aware that we cannot guarantee the security of any information you disclose in the Public Areas and any use of these is done at your own risk. As with the User Content, you are and shall remain solely responsible for any contributions you make in the Public Areas.

Melody Street has the right, but not the obligation, to screen, refuse to post, remove or edit your contributions to the Public Areas, at any time and for any or no reason at all, at our sole discretion. Therefore, we urge you to remain skeptical about any information you might find in the Public Areas provided by others, and want to clarify that your use of any information you might find in a Public Area is done at your own risk. If we choose to screen your contributions, there may be a delay in the posting of such content in a Public Areas to allow for a review process. If we have questions about your contributions, the copyright, we may contact you for further information.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Website.

WE MAY TERMINATE YOUR ACCESS TO THE WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY, SUBJECT TO APPLICABLE LAW.

Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these terms of use or otherwise.

MISCELLANEOUS

(a) These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof; (b) These Terms of Use shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Los Angeles, shall have exclusive jurisdiction over all disputes between the parties;