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Terms of Service

I. ACCEPTANCE OF TERMS

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CrabbieMasters and govern your use of this site www.crabbiemasters.com (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. CrabbieMasters reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on February 6, 2011.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. (Obviously, feel free to Contact Us via of any improvements or corrections you wish to share. Any such submissions are subject to Paragraph 6. of Section II. INTELLECTUAL PROPERTY ISSUES.)

II. INTELLECTUAL PROPERTY ISSUES

The Site is owned by CrabbieMasters. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, animation, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by CrabbieMasters. Advertisements for third-party entities are not considered Content for the purposes of this Section; however, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.

Pursuant to the copyright and trademark laws of the United States, you agree:

1. That you may only download Content that CrabbieMasters designates as offered for download.

2. To not reproduce, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from CrabbieMasters except as provided under Part III. EDUCATIONAL USE OF CONTENT.

3. To maintain any and all copyright, trademark, or other proprietary notices embedded in or attached to any Content.

4. To refrain from framing or mirroring any portion of the Site, and to link to the Site only in accordance with our linking policy, which can be requested via Contact Us.

5. The links in this Site will let you leave CrabbieMasters site. The linked sites are not under the control of CrabbieMasters and CrabbieMasters is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. CrabbieMasters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by CrabbieMasters.

6. That by posting or submitting any ideas, text or other materials to the Site you grant CrabbieMasters a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.

III. EDUCATIONAL USE OF CONTENT

With respect to Content designated as available for download users are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in daycare, educational, and family settings. This authorization extends only as far as is necessary to directly and educationally benefit children, students, parents, providers and teachers.

Content subject to this Section may not under any circumstances be sold, modified, or used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright, trademark and other proprietary notices.

Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

IV. SHOPPING

You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to CrabbieMasters in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.

CrabbieMasters EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that CrabbieMasters’ sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL CrabbieMasters, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE.

All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.

V. LIABILITY

The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, CrabbieMasters does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. CrabbieMasters will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Site may provide, or third parties may provide, links to other sites or resources. Because CrabbieMasters has no control over such sites and resources, you acknowledge and agree that CrabbieMasters is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CrabbieMasters shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

VI. USER CONDUCT

All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by CrabbieMasters to do so.

Conduct by any user that, at the discretion of CrabbieMasters, restricts or inhibits any other user from using or enjoying the Site will not be permitted. CrabbieMasters reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CrabbieMasters RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the Site.

VII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CrabbieMasters; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. CrabbieMasters reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CrabbieMasters in asserting any available defenses.

VIII. MISCELLANEOUS

Any and all disputes, with the exception of copyright and trademark claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Minneapolis, MN, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Minnesota, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. Copyright and trademark claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If CrabbieMasters is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse CrabbieMasters for its respective legal fees, costs, and disbursements if CrabbieMasters is successful.

These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between CrabbieMasters and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of CrabbieMasters may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

IX. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any CrabbieMasters server, or the network(s) connected to any CrabbieMasters server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any CrabbieMasters server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

X. UNSOLICITED (and Solicited) IDEA SUBMISSION POLICY

CRABBIEMASTERS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CRABBIEMASTERS’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CRABBIEMASTERS, SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CRABBIEMASTERS OR ANYONE AT CRABBIEMASTERS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CRABBIEMASTERS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

XI. COPYRIGHT NOTICE

Copyright © 1990-2011 CrabbieMasters, 3500 Vicksburg Ln N #246, Plymouth, MN 55447-2334 U.S.A. All rights reserved.

XII. TRADEMARKS

The absence of a name or logo in this list does not constitute a waiver of any intellectual property rights that CrabbieMasters has established in any of its product or service names, or logos.

Trademarks:

“CrabbieMasters”

name, art, logo, TM

“www.crabbiemasters.com”

name, art, logo, website link, TM

“CrabbieMaster”

name, art, logo, TM

“The Crabbies”

name, art, logo TM

“www.crabbies.com”

name, art, logo, website link, TM

“www.CrabbyMasters.com”

name, art, logo, website link, TM

“Too-Tired Crabbies”

name, art, TM

“Hungry Crabbies”

name, art, TM

“Junk-Food Crabbies”

name, art, TM

“Achy Crabbies”

name, art, TM

“Can’t-Do Crabbies”

name, art, TM

“Get-Along Crabbies”

name, art, TM

“Hurry-Up Crabbies”

name, art, TM

“KING Crabbie”

name, art, TM

“WiseOne”

name, art, logo, TM

“U.L.T.I.M.A.T.E. Skills”

name, art, logo, TM

“U.L.T.I.M.A.T.E. WiseOne”

name, art, logo, TM

“Kids In Charge”

name, art, logo TM

“Say Its Name Alphabet”

name, art, logo TM

ANY RIGHTS NOT EXPRESSLY RESERVED HEREIN ARE RESERVED.