Access to and use of this World Wide Web site (the "DoodleStudio.com Website") is provided subject to these terms and conditions, which may be updated by us from time to time. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THIS DOODLESTUDIO.COM WEBSITE.

Use of Material On the DoodleStudio.com Website The information, artwork, text, photographs, graphics, video, audio, pictures or other material (collectively, "Materials") contained on the DoodleStudio.com Website are protected by copyrights, trademarks, services marks, patents or other proprietary rights and laws. You may only access and use the Materials for personal, non-commercial or educational purposes. You may not modify or use the Materials available through the DoodleStudio.com Website and its associated web sites for any purpose other than those specified on the DoodleStudio.com Website without the express written consent of Fly By Night Productions, Inc., an Alabama corporation ("Fly By Night Productions"). Except as provided below, you may not modify, copy, reproduce, upload, republish, post, transmit or distribute in any way Materials available through the DoodleStudio.com Website and its associated web sites, including computer software and code.

You may print Materials on the DoodleStudio.com Website for personal , non-commercial or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.

Any computer software or code downloadable or otherwise available from the DoodleStudio.com Website ("Software") is a copyrighted work of Fly By Night Productions and/or its suppliers. Use of the Software is governed by the terms of the applicable license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.

The Software is made available for downloading 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.

The Materials included on the DoodleStudio.com Website have been compiled by Fly By Night Productions from a variety of sources, and are subject to change without notice.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

All media files on the DoodleStudio.com Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the DoodleStudio.com Website without Fly By Night Productions' express written consent. You may not link directly to any .ram file located on a Fly By Night Productions server, and you should not attempt to "pass-off" any of Fly By Night Productions' content as your own work.

Sites Linked From the DoodleStudio.com Website The sites linked from the DoodleStudio.com Website will let you leave DoodleStudio.com's Website and are not under Fly By Night Productions' control. Fly By Night Productions is not responsible for and does not assume any liability for the contents, communications or materials of any linked site or any link contained in a linked site, or any changes or updates to such sites. Fly By Night Productions is not responsible for webcasting or any other form of transmission received from any linked site. Fly By Night Productions is providing these links to you only as a convenience, and the inclusion of any link on the DoodleStudio.com Website does not imply a referral or endorsement by Fly By Night Productions of the linked entities.

Disclaimer of Warranty You acknowledge that there are certain risks inherent to the use of the services, information or data which may be offered from time to time by Fly By Night Productions on the DoodleStudio.com Website (collectively, "Services and Information"). The Services and Information may include inaccuracies or typographical errors. Changes are periodically added to the Services and Information herein. Fly By Night Productions and/or its respective suppliers may make improvements and/or changes at any time.

Fly By Night Productions does not represent, warrant or guaranty that the Services and Information will be uninterrupted or error-free, that defects will be corrected, or that the Services and Information or the server that makes it available, are free of viruses or other harmful components. Fly By Night Productions does not warrant, represent or guaranty that the use or the results of the use of the Services and Information or the materials made available as part of the Services and Information will be correct, complete, accurate, timely, or otherwise reliable.

You specifically agree that Fly By Night Productions shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services and Information. You specifically agree that Fly By Night Productions is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Fly By Night Productions is not responsible for any content sent using and/or included in the Services and Information by any third party. You specifically agree that Fly By Night Productions is not responsible for any damages resulting from the interface, communication or connection with any third party's hardware, software, or web site.

YOU EXPRESSLY AGREE THAT USE OF THE INFORMATION OR DOODLESTUDIO.COM WEBSITE IS AT YOUR OWN RISK. FLY BY NIGHT PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION FOR ANY PURPOSE. THE INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FLY BY NIGHT PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL FLY BY NIGHT PRODUCTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR DAMAGES TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS OR BUSINESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE INFORMATION, THE DOODLESTUDIO.COM WEBSITE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE INFORMATION, THE DOODLESTUDIO.COM WEBSITE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE INFORMATION, OR FOR SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE INFORMATION OR DOODLESTUDIO.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE INFORMATION OR DOODLESTUDIO.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLY BY NIGHT PRODUCTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE INFORMATION OR DOODLESTUDIO.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INFORMATION AND DOODLESTUDIO.COM WEBSITE AND ITS RELATED WEB SITES.

Indemnification

You agree to indemnify, defend and hold harmless Fly By Night Productions, its parents, subsidiaries, affiliates, officers, agents and employees, from any and all liability (including third party claims), damages, expenses and/or costs (including reasonable attorneys' fees) arising from your use of the Services and Information or DoodleStudio.com Website, your violation of these Terms of Use or your infringement, or infringement by any other user of your account, if applicable, of any intellectual property or other right of any person or entity.

Registration and Password

Certain Services and Information, portals or areas of the DoodleStudio.com Website may require registration and a password for access. In such event, you are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to notify Fly By Night Productions immediately of any unauthorized use of your registration or password.

Termination

Fly By Night Productions may terminate your access to any part or all of the Services and Information and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including without limitation, providing us with false or misleading registration information, inference with other users of the Services and Information or DoodleStudio.com Website, failure to pay any required fees, or violation of these Terms of Use.

If the Services and Information, portal or area of the DoodleStudio.com Website you are using requires you to sign-in to access the Services and Information, Fly By Night Productions may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the DoodleStudio.com Website for an extended period of time, as determined by Fly By Night Productions. The amount of time that Fly By Night Productions currently considers as an "extended" period of time is subject to change from time to time at the discretion of Fly By Night Productions. Upon termination of the Services and Information, portal or area of the DoodleStudio.com Website requiring registration, your right to use the Services and Information, portal or area of the DoodleStudio.com Website requiring registration immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Services and Information.

No Spam; Damages

Fly By Night Productions will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Fly By Night Productions liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Fly By Night Productions' actual damages, to the extent such actual damages can be reasonably calculated.

Participation in Promotions of Advertisers

Any dealings with advertisers on the DoodleStudio.com Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Fly By Night Productions shall not be responsible or liable for any part of any such dealings or promotions.

Modifications to Terms of Use

Fly By Night Productions reserves the right to change these Terms of Use or policies regarding the use of the DoodleStudio.com Website at any time and to notify you by posting an updated version of the Terms of Use on this Web site. You are responsible for regularly reviewing the Terms of Use. Continued use of the DoodleStudio.com Website after any such changes shall constitute your consent to such changes. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Fly By Night Productions.

Copyright and Trademark Notices

© Copyright Fly By Night Productions, Inc. and/or its licensors, 2000. All rights not expressly granted herein are reserved.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Alabama, without giving rise to its conflicts of laws provisions.

Conflicts

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

Assignment

These Terms of Use will inure to the benefit of Fly By Night Productions' successors, assigns and licensees. Fly By Night Productions may assign its rights and obligations under these Terms of Use and upon such assignment Fly By Night Productions may be relieved of any further obligation hereunder

1. What personally identifiable information is collected.

2. How the information is used.

3. With whom the information will be shared.

4. This site's opt-out policy.

5. This site's policy on correcting and updating personally identifiable information.

6. This site's policy on deleting or deactivating your name from our database.

This policy may change from time to time so please check back periodically

How We Collect and Use Your Information

Many of the ways in which you interact with our site allow us to learn more about you. We collect and store statistics and other information about the online activities of our visitors on an aggregated (collective) basis. We use your Internet address to help diagnose problems with our server, and to administer our Web Site. Your Internet address is used to gather broad demographic information. Our site uses cookies to make sure you don't see the same banner ad repeatedly. We use cookies to deliver content specific to your interests, to save any ID you may request and be issued so you don't have to re-enter it each time you visit our site, and for other purposes. We also track the number of people who view each page to learn which features are the most popular. But in these, and almost all other instances, we do not obtain personally identifiable information about you unless you voluntarily provide it to us.

In those instances where we do collect personally identifiable information, you have the option of choosing to reveal it to us. Examples of when you voluntarily submit this kind of information include when you answer our polls, enter sweepstakes or contests, fill out the registration page, send us feedback or submit content for posting, or purchase items on our Web Site.

The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. Certain portions of our site requires users to give us contact information (like your name, zip code and email address). You have the option to provide us with additional demographic information if you wish. We use customer contact information from the registration form to send the user information about our company and promotional material from some of our partners. Your contact information is only used with your permission to provide you with information about us in a monthly newsletter and shared with our strategic alliance partners who may want to contact our visitors. We require that any third parties with whom we share your information maintain this data in a confidential manner. All users may opt-out of receiving future mailings at their will. [See Choice/Opt-out Section below]

Demographic and profile data may be used for marketing and targeting purposes. Tracking how users interact with our Web Site helps us to develop new features and content. We use this data to tailor a visitor's experience at our Web Site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers, if at all, only on an aggregate basis, that is, never contains any personally identifiable information.

Our online surveys and contests ask users for contact information (like their email address). We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The user's contact information is only used to contact the user when necessary. However, on particular pages where we ask for your personally identifiable information, we may explicitly tell you that the data we are collecting on that page will be shared with third parties, in which case those disclosures shall override anything to the contrary in this policy. For example, before you submit answers to questions we ask in an advertiser-sponsored promotion, we will tell you that your answers will be shared with that advertiser. Users may opt-out of receiving future mailings [See Choice/Opt-out Section below].

We may use an outside company to display advertising on our site. These ads may contain cookies. While we use cookies in other parts of our Web Site, cookies may be used with banner ads to collect anonymous preference and interest visitor information. This information is used to create anonymous interest profiles. This information does not include and is never merged with personally identifiable information (such as name, address or email address) or any information that is considered sensitive or controversial or that would compromise your privacy. These profiles are used to tailor site content, promotions and advertising and to perform market research. Consumers can opt-out from these profiles at any time [See Choice/Opt-out Section below].

Children's Guidelines

Children's privacy is of primary concern to us.

1. WE DO NOT collect online contact information without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child's request or to publish basic, non-specifically identifiable information about the child (limited only to the child's first name and resident city and state) which may be published with any content submitted by the child, and will not be used for other purposes.

2. WE DO NOT collect personally identifiable offline contact information without prior parental consent.

3. WE DO NOT distribute to third parties any personally identifiable information without prior parental consent

4. WE DO NOT give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent

5. WE DO NOT require a child to provide us with more information than is reasonably necessary to participate in an activity as a condition of participation.

Cookies and Other Tracking Methods

Cookies are small pieces of information stored on your hard drive, not on our site. We use cookies or, in a limited number of cases, Internet addresses for a number of reasons. First, cookies allow you to store your password without having to constantly re-enter it. Second, cookies can also help us to tailor our Web Site or a marketing message to better match your needs and interests. Third, cookies allow us to better understand how users use our site, which in turn helps us focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly if you do. Note: Crayola.com places advertising on our sites that originates from outside advertisers and/or advertising agencies. In some cases, if you click on or view these ads, a cookie may be assigned by the advertiser.

Security

Fly By Night Productions, Inc. makes every effort to ensure the security of your personal information, and the secure transmission of your information from your PC to our servers. There are security measures in place to protect the loss, misuse and alteration of the information under our control.

Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. We recommend that you never reveal any personally identifiable information or our Web Site ID to anyone. You will never receive a request from Fly By Night Productions, Inc. for personally identifiable information or our Web Site ID in an unsolicited phone call or e-mail. The privacy policy described here applies only to DoodleStudio.com, and not to other companies' or organizations' Web sites to which we link, or which link to us. Also, while Fly By Night Productions, Inc. hopes to provide a safe and secure online experience, be very careful about sharing your personal information with other people you might meet as a result of your visit to DoodleStudio.com.

Choice/Opt-Out

Our site requires you to opt-in to receiving any information from us or our partners. We also provide you with the opportunity to opt-out of receiving any future communications from us and our partners at any time. If you want to remove your information from our database and not receive future communications or registration-required service(s), please [click here] or contact us at the following address: Doodle StudioP.O. Box 660237Birmingham, AL 35266

or e-mailed to: doodle@doodlestudio.com

Changing Your Information

Our Web Site also gives users the option to change and modify information previously provided. Please [click here] or contact us at the above listed address to change or modify any information you have previously provided to us.

Contacting the Web Site Questions regarding this statement, the practices of this site, or your dealings with this Web Site should be directed as above or e-mailed to: doodle@doodlestudio.com