Terms of Use

Thank you for visiting our web site located at MrClown.TV, which we will refer to collectively below as the “Site.” Through the Site, The Adventures of Mr. Clown (also referred to as “we,” “us” or “our”) aims to extend our mission to use educational media to help children overcome the “Word Gap” and ultimately help them reach their highest potential. We offer the Site to you (referred to as “you” or “user”) and your children, as applicable, under the Terms of Use described below.  By using and accessing the Sites, you, on your own behalf and on behalf of your children, are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and The Adventures of Mr. Clown. If you do not agree to these terms, please discontinue your access to and use of the Site immediately.

We reserve the right, in our sole discretion, to change these terms at any time, and will publish a revised version of these Terms of Use on the Site.  You are responsible for regularly reviewing these Terms of Use.  Continued access to and use of the Site following any such change means you accept and will abide by the changes.

Ownership of Sites and Site Content
The Site is owned and operated by The Adventures of Mr. Clown, with an office in Los Angeles, CA, USA.  The Adventures of Mr. Clown and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively “TAOMC Parties”) own the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights.  The elements of the Site (collectively, “Site Content”) include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content.

Trademarks
All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Sites or on Site Content are registered or unregistered Trademarks of The Adventures of Mr. Clown, the TAOMC Parties and/or others, and may not be used unless authorized by the Trademark owner.  All Trademarks not owned by us that appear on the Site or on the Site Content, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites.

Use of Site Content
You may access and view the Site Content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Site, provided that you do not remove or alter any copyright or other legal notices from the 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 of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.

Consideration
You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that 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 through the Site, by email or in any other way. If you post, upload, transmit or submit any materials, content (including, for example, any photographs), information or ideas to The Adventures of Mr. Clown (“Your Content”), (i) you 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 (ii) you grant to The Adventures of Mr. Clown a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, 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 The Adventures of Mr. Clown 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 Your 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 the Site, you may be asked to provide certain personalized information to us (such information referred to herein as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. 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.

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

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or The Adventures of Mr. Clown or the TAOMC Parties;
  • insert your own or a third party’s advertising, branding or other promotional content into any of the Site Content, materials or services;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
  • 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 the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
  • use the 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;
  • use the Site or their services in violation of the intellectual property or other proprietary or legal rights of The Adventures of Mr. Clown or the TAOMC Parties or any third party;
  • use the 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 the Site or their services.

You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.

Links From The Site to Third Party Sites
As a convenience for users, the Site may contain links to Internet sites maintained by third parties (“Linked Sites”).  You acknowledge and agree that The Adventures of Mr. Clown and the TAOMC Parties do not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site.  When you link to a Linked Site, you become subject to their terms of use and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, your use of Linked Sites, and any reliance on the contents of a Linked Site is at your own risk.

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

Right to Monitor and Editorial Control
The Adventures of Mr. Clown and the TAOMC Parties reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Sites’ services or features by users, and The Adventures of Mr. Clown and the TAOMC Parties are not responsible for any such materials posted by users. However, The Adventures of Mr. Clown and the TAOMC Parties 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 the sole discretion of The Adventures of Mr. Clown and the TAOMC Parties are objectionable or in violation of this Agreement, the policies of The Adventures of Mr. Clown and the TAOMC Parties 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 Adventures of Mr. Clown and the TAOMC Parties, and its and their 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 the Site in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Site or your violation of law or breach of the terms of this Agreement. The Adventures of Mr. Clown and the TAOMC Parties 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 The Adventures of Mr. Clown and the TAOMC Parties.

Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

e-mail: contact@MrClown.TV

General Disclaimer and Limitation of Liability
The Adventures of Mr. Clown controls and operates the Site from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.  If you choose to access the 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.

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. The Adventures of Mr. Clown specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Site.

The Adventures of Mr. Clown does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of the Site Content.   The Adventures of Mr. Clown is not liable for any errors, omissions, or inaccurate Site Content on the Site.

THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. THE ADVENTURES OF MR. CLOWN DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS.  YOU USE THE SITE AT YOUR OWN RISK. THE ADVENTURES OF MR. CLOWN 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 IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  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 Adventures of Mr. Clown 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 THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE ADVENTURES OF MR. CLOWN OR THE TAOMC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE ADVENTURES OF MR. CLOWN OR THE TAOMC PARTIES 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 THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL THE ADVENTURES OF MR. CLOWN’S OR THE TAOMC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE.

Termination
The Adventures of Mr. Clown may terminate, change, suspend or discontinue any aspect of the Site at any time. The Adventures of Mr. Clown may restrict, suspend or terminate your access to the Site and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Site or you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, The Adventures of Mr. Clown may terminate use or access privileges to the Site of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Site. This Agreement is effective until terminated by you, or by The Adventures of Mr. Clown for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the 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 the 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 Adventures of Mr. Clown 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 State of Los Angeles, U.S.A, without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in Los Angeles County, Los Angeles, U.S.A. in all disputes arising out of or relating to your use of the Site.  Notwithstanding the foregoing, The Adventures of Mr. Clown 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 injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States 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 Los Angeles 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 Adventures of Mr. Clown with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Adventures of Mr. Clown with respect to the Site.  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.

Any rights not expressly granted in this Agreement are reserved to The Adventures of Mr. Clown.

These Terms of Use were last updated on February 1, 2015.