Legal Information

Website Terms And Conditions Of Use
Privacy Policy

Website Terms And Conditions Of Use

The Terms and Conditions of Use set forth herein apply to the entire group of web sites owned, operated, licensed or controlled by Encore, Inc., A Navarre Corporation Company ("Encore") including but not limited to www.encoresoftware.com and www.encoreusa.com.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER ENCORE WEB SITE.

By using this web site and/or any other web site owned, operated, licensed or controlled by Encore, Inc. ("Encore web site(s)"), you signify you assent to the these terms of use. If you do not agree to these terms of use, please do not use this or any other Encore web site(s). Encore reserves the right, at its discretion, to change, modify, add, or remove portions of these terms. Your continued use of this web site or any other Encore web site(s) following the posting of any change or modification of these terms will mean you accept those changes or modifications. Encore also reserves the right the right to withdraw access to this web site and any other Encore web site(s) and to change, modify, revise the materials, products and pricing listed or offered through this web site or any other Encore web site(s) at any time.

General Restrictions on Use Of Materials
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are a part of this web site or any other Encore web site(s) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Encore. No material from this web site or any other Encore web site(s) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Use or modification of the materials is a violation of Encore's copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to Encore.

Notice Specific to Software Available on This Web Site and Any Other Encore Web site(s).
Any software that is made available through this web site is the copyrighted work of Encore and/or Encore's suppliers or licensors. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with or in the Software, whether electronic or otherwise ("License Agreement"). The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER MEDIUM OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ENCORE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING AL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Restricted Rights legend. Any Software which is downloaded, purchased or used for or on behalf or the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of the DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Encore, Inc., 5420 West 83rd Street, Los Angeles, California 90045-3204.

Submissions
Except for customer order information, as provided on any order form,(learn about your privacy) all information submitted to Encore via this web site or any Encore web site shall be the sole property of Encore, and Encore shall not be subject to any obligations of confidentiality regarding submitted information. By submitting information, you represent and agree that Encore may publish the information and/or use such information and any concepts described therein in any manner Encore deems appropriate, without any liability or obligation therefor.

Disclaimer
THIS WEB SITE AND THE CONTENTS HEREOF ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Encore, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOR DOES Encore, INC. WARRANT THAT THE FUNCTIONS OF THIS WEB SITE OR ANY OTHER ENCORE WEB SITE(S) OR THE FUNCTIONS CONTAINED IN THE MATERIALS OF IN THIS WEB SITE OR ANY OTHER ENCORE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER ENCORE WEB SITE(S) OR THE SERVER(S) THAT MAKES THE ENCORE WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Encore, INC. AND/OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCTS, MATERIALS OR INFORMATION AVAILABLE FROM THIS SERVER. 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. IN NO EVENT HOWEVER, SHALL ENCORE'S AND/OR ITS SUPPLIERS OR LICENSOR'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS WEB SITE OR OBTAINING ANY PRODUCTS OR MATERIALS AVAILABLE THROUGH THIS WEB SITE.

THIS WEB SITE, IN WHOLE OR IN PART, COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENCORE AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. YOUR CONTINUED USE OF THIS WEB SITE OR ANY OTHER ENCORE WEB SITE(S) FOLLOWING THE POSTING OF ANY CHANGE OR MODIFICATION OF THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES OR MODIFICATIONS.

Trademark Information
Encore and the Encore logo are registered trademarks of Encore, Inc.

Bluewater Hunter™ , Brain Food Games™, High School Advantage™ , Middle School Advantage™ , Slot Builder™, Slot City™, Vegas Fever™, Wild West Shootout™,Card Crazy™, Foreign Language Advantage™, Language Arts Advantage™, Math Express!™ Mega Hits - The Must-Have Collection of Best-Selling Games ™, and Pinball Madness™ are trademarks or registered trademarks of Encore Inc. in the United States. Monster Clubhouse © 2002 Sesame Workshop. "Sesame Workshop," "Sesame Street" and their associated logos are trademarks of Sesame Workshop. Dragon Tales "Dragon Frog Jamboree" © 2002 Sesame Workshop/Columbia TriStar Television Distribution. "Dragon Tales" and its logo are trademarks of Sesame Workshop and Columbia TriStar Television Distribution. "Sesame Workshop" and its logo are trademarks of Sesame Workshop. All rights reserved. Character design by Ron Rodecker. Sesame Street Baby © 2002 Sesame Workshop. "Sesame Street," "Sesame Workshop" and their logos are trademarks of Sesame Workshop. All rights reserved. Sesame Street Preschool © 2002 Sesame Workshop. "Sesame Street," "Sesame Workshop" and their logos are trademarks of Sesame Workshop. All rights reserved. Sesame Street Toddler © 2002 Sesame Workshop. "Sesame Street," "Sesame Workshop" and their logos are trademarks of Sesame Workshop. All rights reserved. All other trademarks and/or logos are the property of their respective holders.

Copyrights
Encore respects the intellectual property rights of others, and asks that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Encore's Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying Encore and its affiliates that your copyrighted material has been infringed upon.

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed upon;
3. a description of where the material that you claim to be infringing is located on the web site;
4. your address, telephone number and e-mail address;
5. 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;
6. 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.

With respect to any claims of copyright infringement on any Encore web site(s), Encore's Copyright Agent may be reached by certified or registered mail (postage prepaid, return receipt requested) at:

Attn: Office of the General Counsel
Encore, Inc.
16920 South Main Street
Gardena, California 90248

Link to Third Party Web Sites
THIS WEB SITE AND/OR OTHER ENCORE WEB SITE(S) MAY CONTAIN LINKS TO OTHER/EXTERNAL WORLD WIDE WEB SITES OR RESOURCES (THE "LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF ENCORE AND ENCORE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NOR IS ENCORE RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ENCORE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ENCORE OF ANY WEB SITE SO LINKED. ANY CONCERNS REGARDING OR PROBLEMS WITH ANY SUCH LINKED SITE SHOULD BE DIRECTED TO THE PARTICULAR RESOURCE FOR OR OWNER OF SUCH LINKED SITE. BECAUSE ENCORE HAS NO CONTROL OVER SUCH LINKED SITES, YOU ACKNOWLEDGE AND AGREE THAT (1) ENCORE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH LINKED SITES, AND (2) ENCORE 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 ENCORE SHALL NOT BE RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE UPON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED SITE.

Other General Information
These terms and conditions of use constitute the entire agreement between you and Encore and govern your use of this web site and any other Encore web site(s). These terms and conditions of use, as well as your relationship with Encore shall be governed by the laws of the State of California without regard to the conflict of laws provisions. You and Encore agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Encore to exercise or enforce any right or provision of these terms and conditions of use shall not constitute a waiver of such right or provision. If any provision of these terms and conditions of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provision, and the other provisions of these terms and conditions of use shall remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related the use of this web site or any Encore web site(s), or the terms and conditions of use for such web site(s) must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles contained in these terms and conditions of use are for convenience only and have no legal effect or contractual effect.

Privacy Policy

At Encore, we are committed to protecting your privacy. We know your privacy is important to you. It's also important to us at Encore. So please read on for more information about Encore's privacy policy and your options for using this site.

What Information Does Encore Collect And How Does Encore Use It?
Encore does collect certain information, as described below, but we collect information only to the extent that we deem reasonably necessary to fulfill your requests and our legitimate business objectives.

When you visit Encore's site, our Web server recognizes your domain name but not your email address. We do not collect any personally identifiable information as you browse, but we do gather aggregate information on what pages visitors access. This information helps us identify what content is most relevant to customer needs and to develop and improve the design and layout of the store so that you can quickly find software, services or information on Encore.

• We collect this information with "cookies". Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies enable us to provide features such as storing items in your shopping cart while you are at our site, but we do not store information about the products in your cart or any personally identifying information in the cookie. All we store in the cookie is a unique "Session ID" that allows our system to identify you. This "Session ID" is not made up of any of your personal information. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Our site requires that you have cookies enabled in order to buy items.

When you order Encore needs to know your name, e-mail address, billing address, shipping address, credit card number and expiration date, and telephone number. This allows us to process and fulfill your order and to notify you of your order status. Additionally, we ask you how we may use your name, e-mail address, mailing address and phone number (your "contact information"). After you place your order you can always change how you allow us to use your contact information by coming back to our website and clicking on the Newsletter button in the Corporate Info section.

• If you supply us with your telephone number, you will only receive telephone contact from us with information or questions regarding the order you placed on line.
• When you buy and install a new product from Encore, Encore may ask you to register your purchase by electronic or other means. When you do, Encore may be contractually required by its suppliers or licensors to provide registered user information. Occasionally these suppliers and licensors may offer their registered customers information about their products and services. If you do not want to receive these offers, you may inform that supplier or licensor that you do not wish to receive their marketing materials.

When you enter a contest or other promotional feature, Encore needs to know your name and your e-mail address, and may also ask for your address, telephone number and other information disclosed in the rules for the relevant contest or promotion. Encore needs this information to administer the contest or promotion, ensure its integrity, notify winners and comply with applicable Federal and state laws and regulations. When you enter, you will be provided options for telling us what you want us to do (or not do) with your information outside the contest or promotion.

Other Encore Uses

• Encore uses sales volume and order information to help create content most relevant to its customers. The information you submit allows us to follow up on customer satisfaction and to notify you of new items, services and special pricing offers by e-mail, for instance. Again, you will be provided options for telling us whether you want to receive these communications when you place your order.
• Occasionally Encore offers its registered customers information about new products and services we think will interest them. These notices will generally be delivered by e-mail, but may also arrive by postal mail. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties when you register.

How To Tell Us Not to Use or Share your Information with Others
We make it easy for you to indicate, monitor and update your preferences to Encore. You have two options: (1) You may elect to allow us to use your contact information to send you offers and communications from Encore and (2) you may additionally allow us to share your contact information with third parties ("Encore Partners").

You can view or change your preferences at any time by clicking here

When Does Encore Share Your Information with Third Parties?

• Encore may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.
• Encore occasionally allows other companies, including our suppliers and licensors, to offer our registered customers information about their products and services. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties. In this event, we will not share your personal information with any other company except as required and disclosed for user registration purposes.
• Encore may also occasionally send promotional offers to its registered customers on behalf of other businesses. In this instance, we do not give those businesses our customers' names and addresses. If you do not wish to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties and you will not receive these materials.
• Encore may release account or other information when Encore believes, in good faith, that the release is reasonably necessary to (i) comply with applicable laws and regulations or judicial orders, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of Encore, our users, or others. These situations include exchanging information with other companies and organizations to protect against fraud and credit risks.
• Encore uses other companies and individuals for certain services, such as order fulfillment, delivering packages, sending postal mail and e-mail, processing credit card transactions, cleaning duplicates and errors off the mailing list, analyzing data, and providing customer service. These companies and individuals have access to personal information as needed to perform their functions; Encore does not permit them to use this information for any other purpose.

How Does Encore Protect Customer Information?
When you place an order or access your account information, Encore offers the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data Encore collects is protected against unauthorized access. Please read Encore's Safe Shopping Promise.

Compliance with The Children's Online Privacy Protection Act (COPPA).
Encore offers fun games and great education tools for people of all ages. We hope that our site and products interest our young visitors. As much as we enjoy visits from children, we do not allow children under 13 to register with us or purchase any products from our web site, and thus we want to assure you that Encore will not intentionally collect personally identifiable information from children under 13.

Enforcement
If for some reason you believe Encore has not adhered to this policy, please notify us by contacting Encore Support. We will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

Your Consent
By using our Web site, you consent to Encore's collection and use of aggregate (non-personally identifiable) information, if your computer accepts cookies. Your also consent to Encore's use and/or others use of your information if you provide us with personally identifiable information and do not tell us that you do not want us to use or share that information with third parties. If Encore decides to change our privacy policy, Encore will post those changes on this page so that you will know of any changes and are aware of what information Encore is then collecting, how Encore will use it, and under what circumstances Encore will disclose it.

Tell Us What You Think
Encore welcomes your questions and comments about privacy. Please contact Encore Support.

© 2005 Encore, Inc., A Navarre Corporation Company All Rights Reserved.