PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Creative Play Center ("CPC") offers this Web site (the "Web site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices posted throughout the Web site. By using the Web site, you signify your assent to these Terms and Conditions and any subsequent modifications. CPC may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding on you. IF YOU DO NOT AGREE TO THE TERMS OF USE SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE.

Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to CPC that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Certain information available through the Web site may relate to various laws. Such information should not be considered legal or financial advice.

Disclaimer of Warranties
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEB SITE. CPC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR CPC SERVICES.

Limitation of Liability
IN NO EVENT SHALL CPC OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CPC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CPC SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

Indemnification
You agree to defend, indemnify and hold CPC, its officers, directors, employees and agents, sponsors and supporting artists, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site in a manner that violates or is alleged to violate these Terms and Conditions. CPC shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links
The Web site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by CPC of the sites, but is for your reference and convenience only. CPC is not responsible for the content or accuracy of any off-site pages or any other sites linked to CPC, nor does CPC recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on the Web site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any linked site.

Unless otherwise prohibited under these Terms and Conditions, you are NOT licensed to create hyperlinks to the content on the Web site.  Under no circumstances may you "frame" the Web site or any of its content or copy portions of the CPC Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within CPC must be displayed in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark, or promotional materials not originally displayed on the page within the Web site.

Copyrights
Creative Play Center and its licensors retain full copyright ownership, rights and protection in all material contained on the Web site (including all digital images, software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Web site without the prior consent of CPC or the copyright owner.
All content of the Web site is Copyright © 2004-2005 Creative Play Center.  All rights reserved.

Termination
You agree that CPC may terminate your use of the Web Site if CPC reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of CPC or any third party, or for any reason with or without notice to you. You agree that CPC may modify or discontinue the Web site, with or without notice to you. You agree that CPC will not be liable to you or any third party as a result of such modification or discontinuation.

Survival
The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

General Provisions
You expressly agree that exclusive jurisdiction for any dispute with CPC, or in any way relating to your use of the Web site ("Legal Action"), resides in the courts of Contra Costa County in the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Contra Costa County in the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Parental Control Notification Pursuant to 47 U.S.C. 230(d).
Parental control protections (such as computer hardware, software, or filtering services) that are commercially available may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm.

Notices
CPC may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Web site, or by written communication delivered by first class U.S. mail if you are donor to, or advisor regarding, a fund administered by CPC. You may give notice to CPC at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Creative Play Center
2323 Pleasant Hill Road
Pleasant Hill, CA 94523
Attention: Legal Notice

Revised: August 15, 2005