.:Privacy Policy:.

TERMS OF USE
Nerd Corps Entertainment Inc.
All rights reserved.

CONDITIONS OF USE
By using this site you signify your consent to the Term of Use. If you do not agree to these terms of use, please do not use this site.
This site (the "Site") is owned and operated by Nerd Corp Entertainment Inc and Bitcasters Inc. (referred to as "we," "us" or "our" herein) for your personal entertainment, information, education and communication. We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.

IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY.

We will have the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.

RESTRICTIONS ON USE OF MATERIALS
The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from http://www.stormhawks.com, or any Web site owned, operated, licensed or controlled by us and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS
We are pleased to hear from our loyal fans and welcome your comments regarding our products, including our on-line services. Our long-standing company policy, however does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.

MEMBERSHIP REGISTRATION
All members to Stormhawks.com must be over the age of 6. Parental permission is also required for membership.
As part of the registration process, we collect some personal information. All of your information is kept in a secure database and will never be seen by anyone outside of Stormhawks.com staff (check out our Privacy section for more details). It's also necessary for us to collect parent's email addresses for those between the ages of 6-15. We send an email to the Parents letting them know that their child has registered for a membership with Stormhawks.com.

MESSAGE BOARDS
The Site may include message boards and chat rooms that allow feedback to us and real-time interaction between users. We do not control the messages, information or files delivered to Message Boards, unless otherwise noted therein. Use of Message Boards is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through Message Boards including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. You should assume that Message Board communications are not confidential.
It is a condition of your use of the Message Boards and this Site that you do not: Restrict or inhibit any other user from using and enjoying the Message Boards; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law; Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the Site are presented solely for the promotion of programs, films and other productsavailable in Canada, its provinces, territories, possessions and protectorates. We control and operate this Site from our offices within the Province of Ontario, Canada. We make 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. Software from this Site is further subject to Canadian export controls.

TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Materials from the Site.

We are distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.

We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use.
We do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY SITES
We may provide links and pointers to Internet sites maintained by others ("third party sites"). We have not reviewed all of the third party sites which may be linked to the Site and are not responsible for the contents of or any products or services offered in such third-party Sites.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED WITHIN THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE 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. In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing this Site.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU. MISCELLANEOUS.

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE.

STORMHAWKS.COM PRIVACY POLICY

GENERAL INFO

At Stormhawks.com, we understand and appreciate the concerns that parents and families may have with regard to information gathered about Site users surfing our website, or on any other website.
The Stormhawks.com website gathers different kinds of information from its visitors.
Personal Information for Contests
A user can enter a Stormhawks contest through our website Stormhawks.com. If a user is under the age of 13 we require parental consent prior to the submission of a user's personal information. On the online entry form, we ask for personal information such as your name and address. This personal information is collected, used and/or disclosed solely for the purpose of awarding contest prizes, tracking compliance with the official rules and regulations and for internal feedback purposes. Stormhawks.com only uses and discloses a contest winner's name and photograph after receiving prior written consent from the winner (or their parent/guardian) and the appropriate release forms are fully completed by a parent/guardian and returned to Stormhawks.com.
On occasion, Stormhawks.com uses a third party company (Stormhawks� contest fulfillment house) to draw winners names, contact winners and send prizing to you. The personal information collected by this company is solely for the purpose of the contest fulfillment, and this company is contractually obligated to maintain the private and/or confidential nature of the collected information.
All contest and stored information, including personal information, received from our visitors remains the exclusive property of Stormhwaks.com and is not sold or distributed. Contest entry names and information are seen only by Stormhawks.com and Stormhawks.com�s contest fulfillment house. Such information is stored in a secure location and only accessible for as long as is necessary to fulfill the purposes for which it is collected, and it is destroyed, in a manner which ensures that the private and/or confidential nature of the information is preserved, typically within Sixty (60) days after those purposes have been fulfilled.
Each Stormhawks.com employee signs confidentiality agreements upon employment with the company, and is trained to carry out and implement Stormhawks.com Privacy Policy.

ONLINE POLLS AND SURVEYS
Occasionally visitors are invited to voluntarily answer polls or survey questions that may be used in conjunction with sponsors/business partners. Be assured that in these poll and survey situations, only general (not personal) information such as gender, age and postal code is collected. The information collected ensures that visitors remain anonymous.

GENERAL WEBSITE TRAFFIC
Stormhawks tracks the number of visits to our Site. For example, we count how many times people access the Stormhawks Episode Videos on the Site. All information gathered in this way is generic, and we do not track any individual users from this, but only calculate how many visits have taken place.

COOKIE TECHNOLOGY
Cookie technology is used on our Site to maximize the Site experience. For example, we use cookies to keep track of a user's time zone information which allows us to customize our schedule and give accurate show times. We also use cookies to keep track of a user's progress through a game we may have on our Site. No personal information is gathered from these cookies.

EMAIL IDENTIFICATION
When a user sends an email message to us through the website, two pieces of information are automatically stamped on the message. These are the time that the message was sent, and the IP address it was sent from. This is a precautionary measure against any potentially threatening messages being sent to us, our staff, or the public. This information is only used in those extreme cases where we feel someone's safety may be at risk.

MEMBERSHIP
Stormhawks.com is a Site for kids. Therefore, there are certain laws that we are required to follow. One of the rules is that users under the age of 16 require parental consent prior to providing any personal information. However, there are other important privacy measures we take such as never asking for more personal info than what we deem necessary - and storing any info we do collect in a secure database only accessible by the Stormhawks.com staff. We take extra steps to prevent members from disclosing their personal info on our Site by monitoring the interactive features and actively enforcing our rules.
Any personal identifiable info collected from our members is for Stormhawks.com purposes only (e.g. Membership verification, contest fulfillment, etc.) We will never sell or give any of this information to third parties. Sometimes we may share aggregated info collected from our Polls, however specific Members are never identified.
Please keep in mind that this Privacy Policy applies to Stormhawks.com only. Occasionally, we may have links to other Sites, including those of sponsors and partners. And 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 from visitors. That's why always a good idea to check out a Site's privacy policy - even if you've linked to it from Stormhawks.com.
We review this policy regularly and will update it (and other sections of our website) whenever necessary. If there are ever changes made to the way we collect or use personal information, we will always inform our Members.
Email Newsletters
With Stormhawks.com Membership, users will have the option to receive email Newsletters from Stormhawks.com. The Newsletter will be sent out periodically and provide program updates, information on special events, new contests, and YTV host messages. This Newsletter can be cancelled at any time by following the simple steps outlined at the bottom of the Newsletter.

ONLINE SAFETY NOTES FOR KIDS
The web is a great place to hang out, to find out stuff, and to share comments and ideas with people who are into the same kind of stuff you are.
But the net isn't always a safe place - so we've put together some tips for you to read that will help you handle situations if they come up.
First thing is don't give out personal information without asking your parents. Personal information can mean:
Your name
Your address
Your phone number
Your mom or dad's name
The name of your school
Your teacher or your friend's names
Secondly, if you run into something on the internet that makes you uncomfortable - whether it's on the web or it's sent to you - tell your mom or dad, or an adult you can talk to, and get them to deal with it. Never agree to meet anyone you have "met" online.

Never send your picture over the internet without checking with your parents or another adult. Don't answer mean messages, or rude ones, or messages asking for personal information. If you do get a message like that - tell your parents right away, so they can help you deal with it. Make sure you obey the rules that your parents have set out for you. Make up a cool nickname for when you join a chat or a game online. Never tell anyone your real name or your password. Get your parents to read the safety for parent's tips.

ONLINE SAFETY NOTES FOR PARENTS
The web is a great place for kids to hang out and learn about topics that are of interest to them. However, there are areas on the internet that are not appropriate for children.
The guidelines we have drawn up are a starting point for parents of children who surf. The most important thing is to be aware of what your children are doing online. This may mean surfing with your children, or talking to them about the Sites that they like or that they have recently discovered on the web.
Make surfing a family activity, particularly with young children.
Set ground rules, so each person knows what is expected of them. For example, you could go through the safety tips together so everyone understands the whats and the whys.

SOFTWARE SOLUTIONS
There are software programs that allow parents to block certain websites from their kids. Some programs are more flexible than others, so you may want to shop around to find one that you're comfortable with.

Any questions, comments or requests concerning the Stormhawks.com Privacy Policy can be directed to ...