Welcome to New Club Penguin (“newcp.net”, “NewCP”, “we”, “our”, “us”, or the “Site”). NewCP is an independent fan-made recreation of Disney’s Club Penguin. newcp.net is not affiliated with Disney, Disney Interactive, or New Horizon Interactive. It is imperative to establish what you can expect from NewCP and define your relationship with us. Please review these terms of service before using the Site. The terms in this document are divided into emboldened section headings, for example:

Your Privacy, which describes any property rights - whether that property belongs to you, NewCP, or others.

Services and Accounts, which establishes the terms and conditions for using any NewCP services.

Content In Our Services, which establishes any form of content we use to develop our services, and which content we legally establish ownership over.

Limitation and Liability, which describes procedures to handle problems or disagreements you might have, and what to expect when someone violates these terms.

These terms of conditions are a legally binding agreement between you (“user”, “member”) and New Club Penguin. They apply to our software applications and internet services (collectively, “Website” or “Applications”). Herein this binding agreement are the terms and conditions of your use of the New Club Penguin website and any of its services. By utilizing our Website and Applications, you affirm your agreement to these terms.

Your privacy is important to us. Please review the New Club Penguin Privacy Policy (the “Privacy Policy”) as it describes the type of Data we collect from you and your devices (“Data”, “Information”), how we use your Data, and the legal bases by which we process your Data. The Privacy Policy also establishes how NewCP uses your content, which is your communications with others; any postings submitted by you to NewCP via its servers, comments and images that you share through the Site, and how to terminate your relationship with NewCP. By uploading or distributing content on this Site, you acknowledge that internet transmissions are never completely secure. You understand that any transmission or information you send to the Site can be intercepted despite any special notices provided that the Data is securely transmitted.

By using NewCP and its services users must certify that they are at least 13 years of age at the time of registration. If they are not 13 years of age, users must refrain from continuing to use the Site and its affiliated services (“game”, “blog”, “chat”). Alternatively, members must have consent from a parent or guardian to maintain usage of our services per the Children’s Online Privacy Protection Rule (“COPPA”). Members represent that they are 13 years of age or have permission to represent themselves by transmitting data via New Club Penguin servers.

NewCP may disclose information about you (including your Data) if we determine such disclosure is necessary in connection with any complaint regarding your use of the Site, or contact someone who may be causing interference with NewCP’s rights or property, or the rights or property to visitors to the Site. In compliance with COPPA regulations, we do not disclose information about users aged 13 or under without familial consent.

Users certify responsibility for all actions incurred in connection with their account. NewCP, or agents of “New Club Penguin” will not be liable for any omissions or damages as a direct result of actions incurred by the usage of your account. Any attempt to sell, sublicense, or contract New Club Penguin accounts shall render your account void. For reasons aforementioned, we may, but have no obligation to, monitor accounts before users may connect to our Website or Applications. You agree that engaging in behavior deemed negligent, in violation of set Community Guidelines, or abusive is reason for NewCP volunteers to restrict your account. This includes, but is not limited to: (a) solicit users into performing unlawful acts; (b) violate local, state, federal, and international law; (c) defame, slander, intimidate, or discriminate based on gender, sexual orientation, race, ethnicity, age, or national origin; (d) collect or track the information of others; (e) impersonate other members or affiliates of NewCP.

New Club Penguin is an independent remake. Disney, Disney Interactive, or New Horizon Interactive is not responsible for and does not endorse the content hosted on this Site. While we endeavor to maintain the accuracy of information contained on this page, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the page or the information, products, services, or related graphics contained on the page for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

Any attempt to reproduce, replicate, display, alter, modify, or transmit the information contained here in this Site is directly in violation these Terms of Service. Before attempting to reproduce Content such as graphic designs, shockwave files, or written content, one shall obtain written permission from New Club Penguin.

Subject to applicable law in their jurisdiction, users are responsible for any criminal and civil liability by enforcement agencies in conjunction with their account. By creating an account, members agree to relieve or indemnify civil responsibility from independent contractors, employees, agents, volunteers, and affiliates of NewCP, arising from third party negotiations, claims, actions, or disputes as a result of releasing or relating to your Content or Data, your use of the Site or Applications or any willful misconduct on your side. We reserve the right to terminate members’ use of each service using the Data they provide.

We perform regular backups of the content hosted on NewCP servers. In the event that our server is shut down, we will restore any lost data as a result of hardware failure to minimize the impact and downtime for users. By registering an account on New Club Penguin, users acknowledge the existence of these Data copies and consent for our affiliates to utilize this information to (i) restore servers; (ii) edit account information; (iii) assess Application functionality.

To the maximum extent of applicable law, no affiliates, operators, or volunteers of the Site will be liable to any person(s) for indirect, incidental, special, punitive, cover or consequential damages however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. These limitations apply even if this remedy does not compensate you for any losses or fails of its essential purpose. Administrative terms apply to binding agreements governing newcp.net*.

If NewCP materially changes these service-specific terms, we will provide you with subsequent advance notice and the opportunity to review these changes. We may update these terms to reflect changes in our policies, abuse or security concerns, or for legal and regulatory reasons. If a term is invalid or unenforceable, that issue is not a conditional change for any other terms outlined in these terms of service.

To terminate your relationship with NewCP, review our Privacy Policy cited in the “Your Privacy” section subheading to learn how to discontinue your account. We reserve the right to terminate these terms with respect to you if our online moderators discover infringement of these clauses. These terms describe the relationship between you and NewCP, not any other organizations or people even if they legally benefit from that relationship under these terms.