KidsMakingChange.com, Inc. Terms of Use
INTRODUCTION
Welcome to KidsMakingChange.com ("KMC"). KMC is collectively referred to herein as "we," "us" or "our".
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. You must agree to these terms and conditions prior to joining KidsMakingChange.com By using this web site, you explicitly agree to comply with and be bound by the following terms and conditions, which KMC may change at any time. Please review these terms and conditions periodically for changes. Such changes and/or modifications shall become effective immediately upon the posting thereof in this space. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
KidsMakingChange.com is a meant to be a supportive and welcoming community where individual voices can be expressed, nurtured and heard, and individual needs respected without judgment. Our Goal is to provide a safe place for the exchange and discovery of ideas, and we believe that one of the best ways of supporting better parenting is by sharing our individual stories and viewpoints.
The Terms of Use is the binding legal agreement that you and each community member (registered or otherwise) makes with KidsMakingChange.com as you participate in the life of our community.
Certain features and services made available through this Site from time to time may be governed by additional or separate terms of use, rules or policies. By accessing and using those features and services, you are agreeing to be legally bound by such additional or separate terms of use, rules and policies.
These Terms of Use do not cover your rights or responsibilities with respect to any third party sites or pages that link to this Site or to which this Site provides links for your convenience.
We retain the right to refuse anyone membership in any of our sites.
PRIVACY
Any information that we may collect from you during your use of the Site or otherwise is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here
REGISTRATION
We may require you to have a unique user name and password combination in order to use certain features and functions of the Site, including discussion boards, user-generated pages, messaging services and certain other features or functions. You may not (1) select or use a screen name of another person with the intention of impersonating that person, (2) use a screen name of anyone else without authorization, (3) use a screen name in violation of the intellectual property or other legal rights of any person or (4) use a screen name that KidsMakingChange.com considers, in its sole discretion and for any reason, inappropriate. Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.
You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with KidsMakingChange.com, you agree to allow our staff to contact you at your personal email address about your activity on the Site.
For Free Accounts: You must use your screen name on a regular basis (i.e., log into your KidsMakingChange.com account) to keep your screen name active. KidsMakingChange.com may cancel the registration and screen names of any registered user who we determine, in our sole discretion, has not used such screen name for a period of ninety (90) days.
SECURITY
You agree that when you are issued a Username and Password by KidsMakingChange.com, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
PROFESSIONAL ADVICE
The site does not provide medical or legal advice. The contents of the KidsMakingChange.com Site, such as text, graphics, images, information obtained from KidsMakingChange.com's licensors, and other material contained on the KidsMakingChange.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical or legal advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Contact your lawyer or similarly qualified professional for legal advice. Never disregard professional medical or legal advice or delay in seeking it because of something you have read on the KidsMakingChange.com Site!
If you think you may have a medical emergency, call your doctor or 911 (if in the US) immediately. KidsMakingChange.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by KidsMakingChange.com, KidsMakingChange.com employees, others appearing on the Site at the invitation of KidsMakingChange.com, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Protecting Children.
Because the safety of children is very important to us, KidsMakingChange.com complies with the Children's Online Privacy Protection Act.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of KidsMakingChange.com and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, KidsMakingChange.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from KidsMakingChange.com or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of KidsMakingChange.com. Use of KidsMakingChange.com and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
COPYRIGHT INFORMATION
Unless otherwise noted in the site, no part of KidsMakingChange.com may be copied or reproduced in any way without the expressed written consent of KidsMakingChange.com.
Without limiting the foregoing, under no circumstances shall KidsMakingChange.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
LICENSE RIGHTS
You must abide by the licenses provided with each product download where applicable from inside the KidsMakingChange.com member area. To clarify the resell and master resell rights terms and conditions each file includes a separate licence file that explains what can and can't be done with each product. These terms are in place to protect the value of your investment and we would ask you to respect them and the rights of your fellow members. While it is not our intention to dictate how you should run your business we shall seek to maintain the long term profitability for everyone selling these products by enforcing these terms. If you're unsure or need further clarification on any product or condition please contact us. Failure to comply with these licenses by KidsMakingChange.com, its owner or partners could result in your KidsMakingChange.com membership being terminated.
USER POSTINGS AND CORRESPONDENCE
The Site may contain discussion boards, user-generated pages such as blogs, messaging services and other interactive features which allow you and other users to post information, provide feedback to KidsMakingChange.com, and interact in real-time. To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages or any other material (individually and collectively, the "Postings"), please be advised that Postings do not necessarily reflect the views of KidsMakingChange.com. In no event shall KidsMakingChange.com assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use or appearance on or transmission via this Site.
Responsibility for Postings lies with each user you alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before hitting the "post" button as you cannot edit or delete a Posting. Please do not post in haste and consider your words and tone carefully, and then respond in a respectful and serious manner.
By submitting a Posting, you represent and warrant to KidsMakingChange.com that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content including without limitation text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant Parents Connect, our affiliates and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity.
In order to encourage safe dialogue about sensitive subjects, KidsMakingChange.com members have the option of posting anonymously meaning, their username will not appear on the Posting. Keep in mind, however, that while users may have the option to submit Postings that are anonymous vis-a-vis other users of the Site, KidsMakingChange.com may maintain internal records that track each Posting to the unique user name under which the Posting originated.
We do not claim ownership of any Postings that you may post or submit. However, by submitting Postings to public areas of the Site, you hereby grant KidsMakingChange.com, our affiliates and other users the non-exclusive right to use, reproduce, modify and distribute your Postings, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, KidsMakingChange.com will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that KidsMakingChange.com may determine. You agree that KidsMakingChange.com and our affiliates may identify you as the author of any of your Postings by name, email address or screen name as KidsMakingChange.com sees appropriate, in its sole discretion. You acknowledge that Postings may be indexed by online search engines such as Yahoo! and Google.
You will find a button or link labeled "Contact Us" on the Site that can be used to report abuse. If you believe that any Postings or other content on the Site violates these Terms of Use, please click the "Contact Us" button to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. KidsMakingChange.com has no obligation to delete content that you find personally objectionable but does not violate the Terms of Use.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
KidsMakingChange.com may (but is under no obligation to) pre-screen Postings and sweep its discussion boards and other areas of the Site periodically in its sole discretion. That said, KidsMakingChange.com is most often a passive conduit of the information that you and other users submit.
- You have legal rights to post your material and it will not violate any law or the rights of any person; and
- All information and materials of any kind, including graphics, text, or otherwise posted by someone on the KidsMakingChange.com Site ("Member Content") are subject to the following terms:
1. By posting Member Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the Member Content as described in these Terms; and to use, distribute, display, and create derivative works from this Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;
2. You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Member Content, nor do we endorse any Member Content;
3. We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read; and
4. We do not screen, monitor, edit, or review Member Content. We do have the right to monitor or remove any Member Content at any time and without notice if we believe it will improve our Site. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.
Any comments, materials, or letters sent by you to KidsMakingChange.com regarding the Site other than Posting, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Comments") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. KidsMakingChange.com will have no obligation of any kind with respect to Comments that you do not restrict and KidsMakingChange.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Comments that you do not restrict.
You expressly acknowledge and agree that KidsMakingChange.com may preserve Postings and Comments and may also disclose Postings and Comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings or Comments violate the rights of third parties; or (d) protect the rights, property or personal safety of KidsMakingChange.com, its affiliates, suppliers, users or the public.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Section for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
OUR CONTENT REMOVAL RIGHTS
We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any KMC Site (a) that violates these terms of use (including, without limitation, the House Rules) and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a KMC Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.
YOUR RESPONSIBILITIES
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:
1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that KidsMakingChange.com deems in its sole discretion to be inappropriate for this Site;
4. victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. harms minors in any way;
6. impersonates any person, business or entity, including Parents Connect or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
7. involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
8. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
9. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
11. otherwise interferes with the use or enjoyment of this Site by others;
12. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
13. is intended to promote and/or generate revenue for any third party business activity; or
14. violates these Terms of Use or any guidelines or policies posted on this Site.
KidsMakingChange.com discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on Parents Connect. KidsMakingChange.com reserves the right to delete any such material from the Site. KidsMakingChange.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of use as enumerated above in this section on "Your Responsibilities."
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
KIDSMAKINGCHANGE.COM'S CODE OF BEHAVIOR
You will follow these Terms and all applicable laws; By using the KMC Sites, you agree that:
1. You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS");
If you can’t say anything nice, please don’t say anything at all
2. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License. You will not post or otherwise make available any Member Content you do not have the lawful right to post or to make available;
Don’t pass other peoples work as your own. Get permission and give credit
3. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any KMC Site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
If you want to sell something, please do it on your own website
4. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the KMC Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the KMC Sites;
Do no harm
5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
If you want to pretend to be someone else, join your local theater, not our website
6. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Don’t be mean to others
7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Don’t be destructive
8. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
Don’t be distracting
9. You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and
Don’t be disruptive
10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity. You will not violate any international or US federal or state law. If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.
Don’t break the law
11. You will not harvest any screen names or email addresses for any commercial use; You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user; You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services;
Spamming and helping spammers in all forms is bad
12. You will not use the Services to harm children or minors in any way, or encourage inappropriate interactions with children or minors of any kind;
Never hurt a child in any way
13. You will act in the best interest of your fellow members
a) Above all else, respect others. If you see disrespectful behavior, report it, rather than further inflaming the situation.
b) Before you write, rank, tag or comment, ask yourself if your contribution increases the strength and virtue of the community.
c) KidsMakingChange.com is for collaborative advice and discussion of the parenting ideas, not self-promotion. Posting full articles which also appear on your blog is acceptable but purely seeding your own links is not.
d) Keep your titles accurate and free of sensationalistic language, the community will appreciate it.
e) Although full internationalization is important to KidsMakingChange.com, please keep all posts and comments in English until the website is launched in other languages.
f) Keep KidsMakingChange.com tidy by tagging for accuracy rather than for readership, editing titles to be compact and descriptive, and referencing your contribution to the original source in a respectful and legal manner where applicable
We cannot and do not assure that other users are or will be complying with the foregoing Code of Behavior or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
To the extent that any feature on a KMC Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.
WE MAY CHANGE THE KMC SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
NO SPAM
You may not use this Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Site to violate the terms of this section. We may terminate your access to or use of the Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
CONTENT CONTRIBUTED TO THE SITE BY THIRD PARTIES
Although KidsMakingChange.com may from time to time periodically monitor the content posted on this Site, it is under no obligation to do so. You acknowledge that KidsMakingChange.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators and other forum leaders, guides and hosts are not authorized KidsMakingChange.com spokespersons, and their views do not necessarily reflect those of KidsMakingChange.com. KidsMakingChange.com cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, messaging services or any other interactive features are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
Nonetheless, KidsMakingChange.com will make reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all users. KidsMakingChange.com reserves the right, in its sole discretion, to edit, refuse to post, remove or block access to any material submitted to or posted on the discussion boards, user-generated pages or any other interactive areas of the Site that violates these Terms of Use or that is otherwise objectionable as determined by KidsMakingChange.com in its sole discretion, but KidsMakingChange.com is not responsible for any failure or delay in removing or blocking access to any such material. Notwithstanding the foregoing, KidsMakingChange.com does not generally and is under no obligation to screen messages sent via the messaging services, but we reserve the right to do so at any time in our sole discretion. KidsMakingChange.com also reserves the right to revoke the privileges of users who do not comply with these Terms of Use.
USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER COMMUNICATION FORUMS
The KidsMakingChange.com web site may contain and allow its users to post articles on parenting, as well as general postings of messages in chat rooms, bulletin boards or other forums. If KidsMakingChange.com provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. KidsMakingChange.com does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. KidsMakingChange.com nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by KidsMakingChange.com without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless KidsMakingChange.com from any claim arising out of or relating to your violation of this provision.
CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
From time to time, KidsMakingChange.com or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests and sweepstakes ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDSMAKINGCHANGE.COM DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDSMAKINGCHANGE.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIDSMAKINGCHANGE.COM, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KIDSMAKINGCHANGE.COM OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PARENTS CONNECT'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.
JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Cherokee County Georgia, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on any KMC Site are appropriate or available for use in any particular location. Those who choose to access a KMC Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY KMC SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that KidsMakingChange.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.
CONTENT LINKED TO ANY KMC SITE
You should be aware that when you are on a KMC Site, you could be directed to other sites that are beyond our control. There are links to other sites from pages on KMC Sites that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the KMC Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a KMC Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to any KMC Site, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a KMC Site.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
TERMINATION OR SUSPENSION OF ACCESS; MODIFICATIONS TO SITE
KidsMakingChange.com reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, KidsMakingChange.com reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. KidsMakingChange.com shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any KMC Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information concerning KidsMakingChange.com electronically. We will post the notices on the home page of this Site or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.
CONSIDERATION
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the KMC Sites and receipt of data, materials and information available at or through the KMC Sites, the possibility of our review, use or display of your Submissions and the possibility of publicity and promotion from our review, use or display of your Submissions.
CANCELLATIONS
You may cancel your KidsMakingChange.com membership at anytime you desire, however there will be no refunds for any charges processed within 36 hours of your cancellation notice. The act of canceling can be made via email or using the cancellation form inside the member area, however the act of canceling does not constitute an automatic cancellation of your billing. If you cancel after a payment has been processed, there will be no refunds for that payment. Cancellation requests must contain your name, username and date joined. If any of this information is missing, the cancellation request may not be processed and you are liable for all membership fees until KidsMakingChange.com receives required information.
KidsMakingChange.com reserves the right to cancel any member for reasons that it feels are detrimental to the site, its members, its partners or the future success of itself. Cancellations performed by KidsMakingChange.com are final and any restitution will be the membership fee paid within the past 30 days based on a prorated basis less a $50.00 processing fee.
REFUNDS
As you get immediate access to downloadable materials, under no circumstances will KidsMakingChange.com refund any money for any reason. You are agreeing that you are purchasing a membership to KidsMakingChange.com by your own accord without any coercion or intimidation by anyone associated with or not with KidsMakingChange.com In addition, you agree not to attempt to charge back or dispute any charges made by KidsMakingChange.com to your credit card, PayPal account or any other payment processing listed at KidsMakingChange.com today or in the future. In the event of a billing error or duplicate billing KidsMakingChange.com will investigate the matter and issue a full refund if deemed necessary.
NEWSLETTER
All members will be automatically signed up to our newsletter. KidsMakingChange.com reserves the right to send information on new products, news about KidsMakingChange.com, tutorials and more to our members. If you wish to unsubscribe from the newsletter you may do so through your member area after sign up.
MISCELLANEOUS
No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site.
For your information, this page was last updated as of July 18, 2007. |
