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Privacy Policy / Terms of use
Dated: January 25, 2005

Bradysbeasts.com is committed to providing a fun, entertaining and safe web site for users of all ages. It is for this reason that we have and will continue taking measures to implement a privacy policy and demonstrate our firm commitment to your personal privacy.

Bradysbeasts.com has created this privacy policy statement in order to disclose how we collect, protect and use information gathered about you on our web site, www.bradysbeasts.com. We hope that reading our privacy policy will help to increase your confidence in our web site and enhance your experience of the Internet.

We urge children to check with their parents before entering any information on any web site and we urge parents to discuss restricting the release of personal information to anyone they do not know.

Our Privacy Policy attempts to answer the following questions for you:

  1. WHAT TYPES OF INFORMATION DOES BRADYSBEASTS.COM COLLECT FROM ME THROUGH THE WEB SITE?
  2. DOES BRADYSBEASTS.COM SHARE INFORMATION ABOUT ME WITH OTHERS?
  3. WHAT CHOICES DO I HAVE ABOUT BRADYSBEASTS.COM COLLECTING, USING, AND SHARING INFORMATION ABOUT ME?
  4. WHAT SECURITY MEASURES ARE IN PLACE TO PROTECT THE INFORMATION COLLECTED ABOUT ME?
  5. WHOM DO I CONTACT WITH QUESTIONS, COMMENTS, OR CONCERNS ABOUT THIS PRIVACY POLICY?
  6. WHAT TYPES OF INFORMATION DOES BRADYSBEASTS.COM COLLECT FROM ME THROUGH THE WEB SITE?
It is our policy to create the most compelling online content and a web site that requires a minimum collection of information from our visitors. You can surf Bradysbeasts.com and view content without providing any personally identifiable information (e.g. name, e-mail address, mailing address).

Information is collected to participate in certain activities, including playing the Monster Quest game and for us to communicate with you by e-mail and newsletters. We do not condition the participation in any of our online activities on the disclosure of more information than is reasonably necessary to participate in the activity.

THE MONSTER QUEST GAME
In order to play the Monster Quest game on bradysbeasts.com, you must first complete a registration form, so that we can provide a more personalized gaming experience by allowing players to resume their game, track their scores and to restore choices made in previous visits. During registration you are required to provide a screen name (not your real name) and a password. We also ask for your e-mail address so that we can remind you of your password in case it is forgotten. Children younger than 13 years of age are asked to provide the e-mail address of a parent of guardian. All e-mail addresses collected during registration are securely maintained and will not be used for any other purpose unless specifically agreed to by the user. If you no longer wish to be registered, you can send an e-mail to registration@bradysbeasts.com with the word “remove” in the subject line.

NEWSLETTERS
Bradysbeasts.com offers you the opportunity to receive the Brady’s Beasts newsletter. In order to receive the newsletter, we ask that you provide only your e-mail address. At any time, you have the opportunity to unsubscribe to the newsletter and to have your e-mail address removed from our newsletter database by sending an e-mail to news@bradysbeasts.com with the word “unsubscribe” in the subject line.

CONTESTS
From time to time, Bradysbeasts.com invites you to enter contests. To participate in a contest, you will be asked to provide your e-mail address (and a parent’s e-mail if you are under 13 years old). Participation in these contests is completely voluntary and therefore you have a choice whether or not to disclose this information. An e-mail address collected during entry in a contest is securely maintained and used only to notify the winners and award prizes. Once the contest is finished, we will delete any personal information collected from the specific contest. This applies only to the information collected for online contests.

CUSTOMER SERVICE
Bradysbeasts.com is always interested in getting feedback from you to help us monitor and improve the use and satisfaction of our web site’s content and activities. You may e-mail us with your questions at help@bradysbeasts.com. If you write or e-mail your comments to us, we will retain your contact information so that we may reply to you. Once we have had a chance to provide e-mail responses to customer service e-mail questions, the customer’s e-mail address is deleted from our system.

GENERIC INFORMATION - Non-Personally Identifiable Information
Bradysbeasts.com collects some information using technology that may not be readily apparent to you when using standard Internet browsers. Information collected this way is not personally identifiable and is used only to make our web site more useful and interesting to you. For example, when you come to our web site, your computer’s IP address and a cookie maybe collected so that our computers know where to send the information you are requesting.

COOKIES
A cookie is a piece of data that a web site sends to your computer while you are viewing a web site. Cookies allow the web site to remember important information that will enhance the experience of our web site. Cookies do not read information from your computer and do not gather personal information. You may choose to have your computer warn you each time a cookie is being sent, or you can choose to refuse all cookies. You can do this through your browser settings (see the Help menu of your browser to learn how to modify your cookies settings). If you turn cookies off, you may not have access to many bradysbeasts.com features that make your online experience more efficient and some of our services will not function properly.

LOG FILES
Log files can include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring link/exit pages, platform type, date/time stamp, and number of clicks. Log files allow us to administer our web site, track user’s movement in the aggregate, and gather broad demographic information that helps us to improve access to our content. All information gathered in this way is generic. We do not track any individual users and we do not link the log data collected to any personal information submitted while on our web site.

DOES BRADYSBEASTS.COM SHARE INFORMATION ABOUT ME WITH OTHERS?
Bradysbeasts.com does not share any of the personally identifiable information provided to us by you except if required by law such as when we have a good-faith belief that disclosure is necessary to comply with a current judicial proceeding, court order or legal process served on our organization. We do not offer or sell your personal information to advertisers, promoters, service providers or third parties.
Generic information that is not personally identifiable is used for internal purposes only such as to gage users’ interest level and analyze demographic and regional concerns so that we may continue to improve our web site.

PURCHASE OR SALE OF BUSINESS
In the event that Bradysbeasts.com goes through a business transition, such a merger, acquisition, or sale of assets, the information collected will likely be transferred as a part of the transaction. Users will be notified via e-mail or notice on our web site for 30 days prior to a change of ownership or control of the personal information. If as result of a business change, the users’ personally identifiable information is used in a manner different from that stated at the time of collection they will be given a choice consistent with our notification of changes procedure.

WHAT CHOICES DO I HAVE ABOUT BRADYSBEASTS.COM COLLECTING, USING, AND SHARING INFORMATION ABOUT ME?
Personal Information collected by Bradysbeasts.com is used only with the knowledge and consent of the user. You are always given the opportunity to “opt-out” at the point where we ask for the information and anytime afterwards. For example, you have the opportunity, at any time, to unsubscribe to the newsletter and to have the e-mail address collected for newsletters removed from our database. This can be done by either sending an e-mail to news@bradysbeasts.com (with the word “unsubscribe” in the subject line).
You may also view, correct or update the information collected about you by e-mailing the administrator at admin@bradysbeasts.com.

WHAT SECURITY MEASURES ARE IN PLACE TO PROTECT THE INFORMATION COLLECTED ABOUT ME?
Protecting your privacy and your information is a priority for Bradysbeasts.com. We have taken careful measures to prevent the loss, misuse, or alteration of your information. Once we receive your information that was entered into our web site database, it is restricted in our offices, so that only employees who need the information to perform a specific job are granted access. Those employees use password-protected screen-savers when they leave their desks. When they return, they re-enter their password to re-gain access to user information
Employees are kept up-to-date on our security and privacy practices and our servers that store information are located in a secure environment and are protected by a firewall.
If you have any questions about the security of our web site you can contact the ADMINSITRATOR at admin@bradysbeasts.com.

FOR CHILDREN

Bradysbeasts.com is a web site for children therefore, if you are under 13 years of age we need to get your parent's permission to sign up for membership on the web site. Bradysbeasts.com strongly encourages parents to spend time online with their children, to discuss Internet privacy and safety with them, and to participate in the game, contests, and other activities offered on our web site.

NO INFORMATION SHOULD BE SUBMITTED BY USERS YOUNGER THAN 13 YEARS OF AGE WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN.

We never ask for more personal information than is necessary to participate in our online activities. Any time that we ask for information from a user we ask children under the age of 13 to provide the e-mail address of their parent or guardian. No information collected by Bradysbeasts.com from children will be used for any marketing or promotional purpose whatsoever.

At any time, parents have the option to “remove” or “unsubscribe” their children and have their information deleted from our web site database.

  • To deactivate registration, send an e-mail to: registration@bradysbeasts.com with the word “remove” in the subject line.
  • To unsubscribe to the newsletter, send an e-mail to news@bradysbeasts.com with the word “unsubscribe” in the subject line.
Parents can also contact customer service to view the information that has been collected about their children by sending an e-mail to help@bradysbeasts.com.

If you have any questions or concerns about the use of our web site by children please contact the ADMINISTRATOR at admin@bradysbeasts.com.

WHOM DO I CONTACT IF WITH QUESTIONS, COMMENTS, OR CONCERNS ABOUT THIS PRIVACY POLICY? If you have any questions, comments or concerns regarding Bradysbeasts.com’s privacy policy or practices, please e-mail us at:

help@bradysbeasts.com

Or send us a letter to:

Vivatoon Inc.
1973, Falardeau
Montreal (Quebec)
H2K 2L9
Canada

Attn: Bradysbeasts.com

GENERAL

LINKS
This Privacy Policy applies to Bradysbeasts.com only. Occasionally, we may have links to other web sites, including those of sponsors and partners. Although we do our best to ensure that these third parties share our views about privacy protection and safety, we don't have control over how they collect and use personal information. Therefore it is always a good idea to check out a web site's privacy policy - even if you've linked to it from Bradysbeasts.com.

NOTIFICATION OF CHANGES
We review our privacy policy and practices regularly and will update them (and other sections of our web site) whenever necessary. If we make any material changes in our privacy practices that do not affect information already collected though our web site, we will post a prominent notice on our web site notifying users of the change. We will notify you by e-mail in the unlikely event that we wish to use your personally identifiable information in a manner different from that stated at the time of collection. You will have a choice as to whether or not we use your information in this different manner. By using this website (the "Site"), you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

TERMS OF USE

Use of Site
Use of the Site constitutes your fill acceptance and compliance with the following provisions. If you do not agree with the terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY. By using the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”).

Ownership
The Site is owned and operated by Vivatoon Inc. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Site are proprietary to Vivatoon, its affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws. Vivatoon Inc. is a subsidiary of Vivavision Inc., which has a number of other subsidiary companies and reference to Vivatoon throughout the Terms of Use shall refer to all companies in the Vivavision Inc. group.

Restrictions of Use
Vivatoon has created this Site for your personal use and enjoyment. You may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Vivatoon. You may print and download portions of the Content for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices contained in such Content.

Third Party Links
The Site may contain links to third party websites or services. Any such sites or services are not under Vivatoon's control, and Vivatoon does not assume any responsibility or liability whatsoever for their contents. The links are provided for reference purposes only, and Vivatoon does not endorse the contents of any linked sites.

Disclaimer
THIS SITE IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIVATOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND NON-INFRINGEMENT. VIVATOON DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Neither Vivatoon and its affiliates employees, officers, directors, shareholders, agents, consultants, licensors and licensees makes any warranty that the content of the site is accurate, reliable or correct; that the Site or any linked site, will be available at any particular time or location; or that the content is free of viruses or other harmful components.

Lawful Use
You agree to use the Site or its contents for lawful purposes and only expressly permitted in these Terms of Use. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do note delete or change any of the information, including copyright or trademark notices. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display or perform, publish or create derivative works from the content on the Site.

Indemnification
You hereby indemnify, defend, and hold Vivatoon and its affiliates, employees, officers, directors, shareholders, agents, consultants licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability
VIVATOON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EVEN IF Vivatoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

Submissions
Vivatoon does not accept unsolicited submissions of ideas, story lines, characters, concepts or other suggestions. Vivatoon will not review or consider any unsolicited submission, and will promptly delete and/or return all such materials.

Security Precautions
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and applicable federal law. Any legal action concerning these Terms of Use or this Site must be brought within one (1) year after the claim or cause of action arises and must be brought in the district of Montréal, in the Province of Quebec.

Modifications
Vivatoon reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to these Terms of Use will mean you accept those changes.

If you have any questions or comments regarding this Site or Vivatoon please contact us at info@bradysbeasts.com.

Copyright ©2005 Vivatoon Inc. All rights reserved.

™ and © Vivatoon and its related entities. All rights reserved. Property of Vivatoon Inc.