www.EdgarAndEllen.com - TERMS OF SERVICE POLICY

Welcome to edgarandellen.com! PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY (we call them "TOS" for short). They are your roadmap for using our Site, and tell you what you can and cannot do while on our Site. Do you know who owns this Site? That's right! It's owned by Star Farm Productions LLC. You can call us "Star Farm," we'll call you "you," and, if you register at some of our interactive areas, we might also call you "member". If you use our Site, that means that you understand and agree to these TOS, and other rules we may have, like our blogging rules. If you do not understand or agree with these TOS, please do not use the Site.

CHANGES TO THE SITE OR THE TOS

From time to time we may change the Site or the things we offer on the Site, or it may not be available sometimes. We may also change the TOS. If we change the TOS, we'll let you know on our Site, or we'll e-mail or snail mail you about the changes. If you don't like any future changes to the TOS, or if the changes mean that you aren't complying with the TOS, you should stop using the Site. If you are a member, we will also work with you to cancel your membership, if you would like. If you keep using the Site after we've told you about a change to the TOS, that will mean you accept those changes.

PARENTAL INVOLVEMENT

The TOS are a legal agreement between Star Farm and you. Kids, if you do not understand the TOS, you should have your parents go over them with you. Even if you do understand the TOS, it's still a good idea to talk to your parents about them, and about your going to the Site. If you want to be an interactive user of this Site and provide us with personal information, you must get your parents involved. We require verifiable consent from parents or legal guardians (see our Privacy Policy for more on this), which means we'll take steps to make sure that your parents or legal guardians are really ok with you being an interactive user of the Site. When we get your parent or legal guardian's consent, we'll also require your parent or legal guardian to agree to the TOS. In some cases, we will treat submissions you make to the TOS as if your parent or guardian submitted it for you.

FAN ADVISORY BOARD

We give kids the opportunity to join our exciting Fan Advisory Board ("FAB"). As a member of the FAB, or by using another interactive area of our Site, such as posting to a blog, sending an electronic postcard or submitting an online sweepstakes entry, you agree to adhere to the following rules:

I WILL BE NICE.
You agree to be a good citizen, and not to make postings that are mean or obscene. This includes postings that someone might find to be offensive, that include swear words, or that are racist, threatening, or untrue. You also agree not to make postings about other people that contain lies, or that are illegal, or that encourage someone else to break the law. You also agree not to use a member name that Star Farm decides is inappropriate or offensive. If you fail to be a good citizen, Star Farm will remove your postings and may even block you from using the Site or participating in the FAB.
I WILL BE HONEST AND WILL PROTECT MY MEMBERSHIP INFORMATION.
You agree to provide Star Farm with information that is true, complete, up-to-date, and accurate. If you break this promise, Star Farm may immediate cancel your membership. You must keep your account information secret, and you agree to tell us (by emailing info@edgarandellen.com) if you know someone has used your FAB membership, or if you think someone has.
I WILL RESPECT THE PRIVACY AND RIGHTS OF OTHERS.
You agree not to post any content to the Site that contains personal information about any individual or violates anyone else's privacy. You also agree not to post any plagiarisms -- unauthorized copies of other people's works -- and not to pretend to be someone else when you are online, or to pretend that someone else supports or endorses the things you or the things you say.
I WILL NOT USE THE SITE FOR BUSINESS PURPOSES.
You agree not to post any business advertisements of any type, including trying to sell a product or service, trying to get others to make donations, or giving people a link, URL or other contact information where they can ask you about a product or service. If we think you are using the Site for an inappropriate commercial purpose, we reserve the right to take action to end such activity.
I WILL NOT TRY TO DAMAGE THE SITE.
You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm this Site or make it operate poorly, or that would do the same to a third-party computer, the FAB, or any other specific feature of the Site.

OWNERSHIP OF SITE AND CONTENT

The Site is owned by Star Farm and is protected under U.S. and international laws, usually called "copyright" laws. Anything published by Star Farm on this Site, including informational resources, photographs, images, illustrations, audio clips, and video clips (we refer to all of this as "Content") are protected by copyright, and owned or controlled by Star Farm, its parent or affiliated companies, or someone else who has given Star Farm permission. Star Farm owns, and only Star Farm may use, the names ("trademarks") Edgar and Ellen, edgarandellen.com, the edgarandellen.com logo, Star Farm Productions, starfarmproductions.com and all character names, designs and other logos.

By using the Site, you agree not to copy, reproduce, republish, upload, post, or transmit (including by e-mail, facsimile, or other electronic means) any Content. You further agree not to make or distribute things where you include the Content (for example, you will not make from things on the Site any icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards, or any unlicensed merchandise). It is a violation of our rights to do this, even if you are not selling the items, but are only giving them away. The only time you can do this is if we specifically tell you (on a particular page of our Site) that you can, and as long as you follow any instructions we may give you at the time. Using Content for any other purpose is a violation of our copyright and other proprietary rights.

Sometimes, we might let you download software. When we do this, you can use the software on your own computer (this is called a "license"), but it is still Content, and we still own it. Since we still own the software, this means that you cannot put it on a CD-ROM, give or sell copies of the software to someone else, try to take it apart (techies call this "decompile, reverse engineer, or disassemble"). The United States government places "export controls" on downloadable software: our government prohibits exports to people in Cuba, Iraq, Libya, North Korea, Iran, Syria, and other countries where the U.S. won't let companies sell stuff. People on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders also cannot download software. If you are located in one of those countries, or are on one of those lists, you promise us you won't download software. If you want to download the software, you promise us that you are not one of these people.

SUBMISSIONS

We are pleased to hear from our members and welcome your comments regarding edgarandellen.com and other Star Farm products. Unfortunately, however, Star Farm's company policy does not allow us to accept or consider creative ideas, suggestions, or other materials, except when we've specifically asked you to send them to us. We hope you will understand that we want to avoid future misunderstandings that might happen because many ideas are alike. Our professional staff works all day to come up with lots and lots of ideas. Because of this, projects developed by our staff might seem to someone who sent us something to be similar to what he or she sent. Please therefore do not send us any original creative materials such as stories or character ideas, program ideas, or original artwork, unless we have specifically requested that you do so. For example, as part of your participation in the FAB, we may ask you to submit materials, and at the time, we will describe to you how to do so.

As part of the FAB, when you submit things to us, you will be viewed as an "independent contractor." As an independent contractor, we may ask you to submit to us creative suggestions, ideas, notes, drawings, concepts, or other information (we call these "Submissions"). You will need to have your parents give us permission for you to be a member and to send us Submissions, and those Submissions will be deemed to have been submitted on your behalf by your parent or legal guardian. Both you and your parent or legal guardian will therefore be viewed as an "independent contractor."

Your Submissions will be considered to be "Works for Hire," a technical term under copyright laws that means they are the property of Star Farm. To the extent that, under the technicalities of copyright law, any part of your Submission is deemed not to be a work for hire, it will still belong to Star Farm, because by submitting it you and your parent or legal guardian hereby agree to assign to Star Farm any right, title and interest in and to the Submissions that you have, including any copyright, trademark, or other intellectual property rights you might hold, and to waive any artistic rights, legally known as "moral rights." To the extent that you are deemed to retain any right in or to the Submissions, you automatically grant Star Farm, by uploading any material, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, media, or technology now known or later developed throughout the universe. All of this means that anything you send us - whether we ask for it or you voluntarily give it to us - belongs to us, for us to use as we want, and you will not be paid. You agree that the Submissions are original to you, and do not infringe the rights of any third parties. You further agree, upon our request, to execute any paperwork that may be necessary to implement or perfect the terms herein. Nothing you give us will be treated as a secret, meaning that Star Farm can publicize that you sent us something, and tell people what that thing was. Star Farm shall not be liable for any use or disclosure of any Submissions.

In summary: we own it. You won't be paid, and we don't keep secrets. You and your parents should talk this section over carefully to make sure that you understand it.

NO WARRANTIES

Star Farm does not promise that information on the Site posted by third parties, including content posted by members of the FAB ("Postings"), is accuracy or reliable. You should therefore not rely on any Postings. In legal terms, that means that though Star Farm monitors and screens the Postings to the best of its ability, it makes no warranties, express or implied, as to the Postings or the accuracy and reliability of any Postings, and you understand that Star Farm has no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of the user submitting any Posting. Notwithstanding the foregoing, Star Farm, in its sole discretion, reserves the right to prevent any Postings from being placed on its Site, and to edit, restrict, or remove such Postings for any reason at any time.

The following is more legal language that means that although Star Farm tries its best to give you a good online experience, it cannot promise that things will work perfectly, and you should not depend on the Site working all the time: THIS SITE IS PROVIDED ON AN "AS-IS AND AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STAR FARM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAR FARM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STAR FARM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR ANY OTHER WEB SITE, EVEN IF STAR FARM OR A STAR FARM-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL STAR FARM�S 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 A TOTAL OF USD$ 5.00. 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.

RELEASE

Our lawyers also want us to tell you that not only shouldn't you expect the Site to work perfectly, if you use the Site, you are agreeing not to sue us if anything goes wrong. In legal language, that is: You, and if you are a minor, your parent or legal guardian on his or her own and on your behalf (collectively, "You"), agree to release Star Farm, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. You hereby indemnify, defend, and hold Star Farm, its parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the TOS or the foregoing representations, warranties, and covenants, including, without limitation, reasonable attorneys' fees. You shall use best efforts to cooperate with Star Farm in the defense of any claim. Star Farm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

LINKS TO THIRD-PARTY SITES

As a service to you, Star Farm provides links from the Site to Web sites of third parties. We warn you that you are leaving our Site by telling you: "So you're trying to escape from the Edgar & Ellen website, huh? Well, keep a watch out for pranksters. You know you can find Edgar and Ellen pranking here... but you never know beyond our website of mischief! You can never be TOO careful..." We tell you this to warn you that you are leaving our Site. Once you leave, you are going to a site that belongs to someone else. We do not have any control over that other company, and cannot promise that their site will work well, or that they will treat your information the same way we would. We certainly hope so, but it is out of our hands.

JURISDICTIONAL ISSUES

This Site is controlled and operated by Star Farm from its offices within the State of Illinois, United States of America. Star Farm makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and understand that information that they provide to Star Farm will be sent out of their home country to the United States.

TERMINATION OF SERVICE

Star Farm may, in its sole discretion, cease operation of this Site, the FAB, may terminate your membership in the FAB, or otherwise restrict your access to this Site immediately and without prior notice. In such an event, Star Farm shall have no liability to you arising from the altered or cancelled operation of the Site.

MISCELLANEOUS

The TOS shall be governed by and interpreted by judges in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of the TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions.

The TOS constitutes the entire agreement between you and us with respect to your use of our Site, and replaces any agreements we may already have had. Star Farm may amend or modify the TOS or impose new conditions at any time upon your use of the Site or your ability to participate in any feature thereof, including the FAB. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such modified terms.

CONTACT US

If you have any questions, comments or concerns regarding our privacy policy or practices, please contact us at:

Star Farm Productions
1015 W. Lake Street #2
Chicago, IL 60607
312-226-7130
info@starfarmproductions.com