TERMS OF USE

Thank you for visiting www.oopsytheclown.com, trusted by its digital viewers to provide safe, wholesome and entertaining content.

“Terms of Use” or “Agreement”: Binding, legal agreement set forth below

“Site” or “This Site”: Internet website www.oopsytheclown.com“Site Content”: Elements content of this site

“Trademarks”:  trade names, copyrights, logos, service marks, story lines, text, editorial content characters, puppets, original music

“Your Content”:  submission of materials by you for use on oopsytheclown.com

“User Information”:  Personal Information from a site user

“linked sites”:  Links to internet websites maintained by third parties

“third party platforms: Internet sites maintained by third parties. Note: oopsytheclown.com does not control in any respect, or necessarily endorse, the information, content products, services, advertising, or other materials that may be found on the linked site.

We offer this site to you (referred to as “you” or “user”) under this Agreement.  By accessing and using this site, you on your own behalf and on behalf of minor children under your guardianship, are agreeing to these Terms of Use. If you do not agree to these terms, please discontinue your access to, and use of, the site immediately.

General Disclaimer and Limitation of Liability: 

This site is controlled and operated from Ontario, Canada. We make no representation that site content is appropriate or authorized for use in all counties,  provinces, countries or any other jurisdictions.  If you choose to access this site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at www.oopsytheclown.com.

Ownership of Site and Site Content: 

This site and its content is fully trademarked and copyrighted including all elements of Oopsy the Clown and related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The trademarked site content includes, without limitation, art, text, editorial content, graphics, illustrations, videos, photographs of Oopsy the Clown, Moppets the Clown, Popo Nay and other photos of clowns portrayed by Robert J. McNea, photographs of Robert J. McNea, Frances Kay McNea and Kathryn McNea, any and all ancillary scripted character portrayals, puppets, images, scripts, text, music (including Oopsy the Clown theme song), all audiovisual elements, design, layout and organization. Your use of the Site does not give you ownership of any Site Content.

Trademarks: All trademarks displayed on this site are registered by its owner and may not be used unless authorized by us. All Trademarks that are not owned by us that may appear on this site, if any, are the property of their respective owners and are used with permission. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks displayed on the site.

Use of Site Content: You may access and view the site content only for your personal, non-commercial use on a single computer or other Internet-compatible devices including Smartphones and tablets provided that you do not remove or alter or attempt to remove or alter any copyright or other legal notices from this site or any site content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the site content. Any use, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright, other proprietary rights, federal or provincial laws of Canada or other countries.

Consideration: You acknowledge and agree that your access to and use of this site, its content and any services provided through it are of valuable benefit which you receive by agreeing to and complying with the terms and conditions of this Agreement.

User Submissions: We do not ask for, nor do we wish to receive any confidential, secret or proprietary information or other material from you by email or in any other way. If you submit any materials or content (eg. photographs), information or ideas to us, you:

A     represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any “moral rights” in Your Content have been waived, and

B     grant to the owner of Oopsy the Clown a non-exclusive, fully paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable as sub-licensee, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use Your Content for any purpose its owner chooses, commercial or otherwise, in its sole discretion, without any compensation to you and in accordance with our Privacy Policy. We cannot be responsible for maintaining The Content that you provide to us, and we may delete or destroy Your Content at any time.

User Information: During the course of your use of this site, you may be asked to provide certain personalized information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. You are responsible for reviewing and adhering to our Privacy Policy, which contains information regarding the collection of user information. 

Prohibited User Conduct: You warrant and agree that, while accessing or using this site, you will not:

A     Impersonate any person or entity or misrepresent your affiliation with any other person or entity,        whether actual or fictitious, including anyone from this site or Third Parties;

B     Insert your own or a third party’s advertising, branding or other promotional content into any of this site’s content, materials or services;

C     Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided for through the Sites;

D     Engage in spidering, “screen scraping,” “database scraping,” “harvesting” of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging in or registering on this site, or obtaining lists of users or other information from or through this site, including, without limitation, any information residing on any server or database connected to this site;

E     Use this site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the site or interfere with any other party’s use and enjoyment of the site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

F     Use this site or services in violation of the intellectual property or other proprietary or legal rights of the trademark owner,  or any third party;

G     Use this site or its services in violation of any applicable law; or attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this site or services.

You alone are responsible for the content and consequences of any of your activities while you are visiting or using this site www.oopsytheclown.com.

Links From The Sites to Third Party Sites: 

As a convenience to our users, our site may contain links (“linked sites”) to other websites or apps, including content offered by third parties whose privacy and data collection practices may differ from ours (“Third Party Platforms”). We are not responsible for the practices employed by any websites linked to or from our Platforms including their services, information or content. When you enter Third Party Platforms, you enter at your own risk and become subject to their terms of use and privacy policies rather than ours. The owner does not accept any responsibility for your use of linked sites. You assume sole and complete responsibility for any losses or penalties incurred as a result of entering a third-party platform.

Links To The Sites From Third Party Sites: 

You agree that if you enter a link from any other website from this site, such link shall open in a new browser window and link to the full version of an HTML-formatted page of that site. You are not permitted to link directly to any image hosted on this site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to this site in any manner such that this site or any page of this site is “framed,” surrounded or obfuscated by any third-party content, materials, or branding. We may require that any link to this site be discontinued, and revoke your right to link to this site from any other website at any time.

Right to Monitor and Editorial Control: 

The owner of Oopsy the Clown reserves the right but does not have an obligation, to monitor and/or review all materials posted to this site, services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion is objectionable or in violation of this Agreement, our policies or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

Indemnification: 

You agree to indemnify and hold harmless the owner of Oopsy the Clown, and oopsytheclown.com, and its respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of this site in any way, your placement or transmission of any message, content, information, software or other materials on, to or through this site or your violation of law or breach of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by us.

We do not guarantee the accuracy, timeliness, correctness, completeness, performance, or fitness for a particular purpose of the site or any of the site content and are not liable for any errors, omissions, or inaccuracy. The site and site content are provided “as-is” and “as available” without warranties of any kind, either expressed or implied, including, without limitation, any warranty for information, data, data processing services, up-time or uninterrupted access, any warranties concerning the availability, accuracy or usefulness of site content and any implied warranties on merchandise, satisfactory quality, fitness for a particular purpose, title or non-infringement, which are excluded from this agreement to the extent that they may be excluded as a matter of law.

The owner of Oopsy the Clown and oopsytheclown.com does not warrant that this site, services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or operated free of delays in transmissions, failure in performance, computer viruses or defects. The owner also assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on this site or downloading of any materials, data, text images, video or audio from it. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output.

The owner makes no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through this site shall create any warranty not expressly made herein. Under no circumstances, except as set out below (including but not limited to breach of contract, tort or negligence) will the owner  be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with the use of this site or with the delay or inability to use this site, or for any information, product or services obtained through it, or otherwise arising out of its use, even if advised of the possibility of such damages. Under no circumstances shall the owner be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through this site (including without limitation, any submitted materials).

Termination: 

The owner may terminate, change, suspend or discontinue any aspect of this site at any time. The owner may restrict, suspend or terminate your access to this site and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on this site or you are in breach of this Agreement or applicable law, or for any other reason without notice or liability. Additionally, the owner may terminate use or access privileges to this site of users who are repeatedly infringing on intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to this site, www.oopsytheclown.com. This Agreement is effective until terminated by you, or by the owner for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of this site and to immediately destroy all materials obtained from it.

Miscellaneous: This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this site, including our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that the owner may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.

This Agreement is governed by and is construed in accordance with the laws of the province of Ontario, Canada without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in the Greater Kitchener-Cambridge-Waterloo Metropolitan Area located in Ontario, Canada in all disputes arising out of or relating to your use of this site. Notwithstanding the foregoing, the owner shall have the right to bring action against visitors of the site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunction relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a Canadian court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Greater Kitchener-Cambridge-Waterloo Metropolitan Area court. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and the owner of Oopsy the Clown with respect to this site, www.oopsytheclown.com.  A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

The owner reserves the right, at our sole discretion, to revise these Terms of Use at any time, and will publish the changed version on this site, www.oopsytheclown.com. You are responsible for regularly reviewing these Terms of Use. Continued access to and use of this site following any such change or revision means you accept its contents and will abide by its contents.

Any rights not expressly granted in this Agreement are reserved by the owner.

Updated and Effective January 1, 2017 |  Reviewed March 30, 2022