TERMS AND CONDITIONS OF USE
1. USER AGREEMENT
The Nursery ("The Nursery", "we" or "us") maintains this web site ("Web Site") for your individual entertainment. We are pleased to offer you access to our Web Site and web logs ("blog" or "blogs"), subject to these Terms and Conditions of Use (the "Terms") and our privacy policy (the "Privacy Policy"). By using this Web Site, you consent, agree and understand the Terms. We may, in our sole discretion, modify, restrict, change, or otherwise alter the Terms or the Web Site, in whole or in part, impose limits on certain features or services on the Web Site or restrict your access to part or all of the Web Site. By continuing to access and use the Web Site you will be evidencing your consent to, agreement with, and understanding of such modifications, changes or alterations.

2. ONLINE CONDUCT
You agree and acknowledge that the Web Site and any community areas including but not limited to blogs, message boards, etc. (“Community Areas”) on the Web Site are public and not private communications. Web site users ("Users") shall use the Web Site for lawful purposes only. Any statement, action, or opinion that you make shall be your own and does not represent The Nursery's views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. While we cannot review every Community Area or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right to delete, move or edit content, or blogs or have such links removed if they are inaccurate, abusive, defamatory, obscene, in violation of an existing copyright or otherwise unacceptable in their nature or placement.

The Nursery promotes and supports active and open debate among its visitors but we ask that any posting you post be done in a lawful and civil manner - be it posting on message boards, blogs or other Community Areas or using our systems to email or message other members directly (“User Content”). Accordingly, you agree to use The Nursery site for lawful purposes only. You may not use The Nursery Web Site to:

• Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Post, transmit, or link to sexually explicit material;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
• Intentionally violate any other applicable law or regulation while accessing and using the The Nursery site;
• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.

The Nursery may at any time, without prior notice and at our sole discretion, remove any post for violating the above provisions. As stated in Section 8 below, you agree to indemnify The Nursery and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these Terms. You're responsible for all statements made and acts that occur through the use of this Web Site.

The Nursery does not claim ownership of User Content. However, you hereby grant The Nursery a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.

3. USER PRIVACY
We respect your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Web Site, and on occasions when you access the Web Site thereafter, we may collect certain data. Our Privacy Policy will govern how we may collect and use this data. By assenting to these Terms and using this Web Site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web Site.

4. USER INPUT
We welcome any User suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.

5. CONTENT
The Web Site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Content"). The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us.

6. LINKS AND ADVERTISING
From time to time, the Web Site will contain hyperlinks ("Links") to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and we neither control such linked web sites or Advertising nor are we liable or responsible for their content. Display of such Links or Advertising on the Web Site does not imply or express any endorsement by us or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. Other web sites may also have a link to our Web Site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.

7. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our Web Site and all materials on this Web Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under United States and worldwide copyrights, trademarks, patents or other applicable laws which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Web Site without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Web Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Web Site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.

If you know or become aware that any information or ideas on the Web Site submitted by any other user is protected by intellectual property laws, you agree to promptly give us notice of such infringement by the methods set forth in Section 12 of the Terms.

8. USER INDEMNITY
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations hereunder, (ii) the placement by you of a link to the Web Site on any web site or in any e-mail, or (iii) your use of the Web Site. Such indemnity shall include any costs and expenses incurred by us, including reasonable attorneys’ fees, in any actions taken to enforce this indemnity.

9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTOR, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE NURSERY OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.

NEITHER THE NURSERY NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US.

10. MINORS
Subject to Terms and the Privacy Policy, we welcome users who are 13 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use the Web Site. [DON’T KNOW IF WE WANT SOMETHING LIKE THIS OR IN WHAT FORM. ARGUABLY SOME CONTENT IS INAPPROPRIATE FOR KIDS THIS YOUNG.]

11. CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.

12. CONTACT
If you wish to contact us for any reason, please e-mail us at info@thenursery.tv.

13. MISCELLANEOUS
Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.

Waiver of any breach or default under any provision of the Agreements shall not be effective unless its in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved.