1. Your Acceptance of These Terms: These Terms govern your use of the Site. KidsCLICK provides you with access to and use of the Site subject to your compliance with these Terms. By using the Site, you signify your consent to and agreement to these Terms. If you do not agree to these Terms, please do not use our Site.
4. Compliance with Law: You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Site.
5. License: The Site, including all of its information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, distribute or create derivative works of any Content or features of the Site in whole or in part, for any public or commercial purpose without the specific written permission of KidsCLICK. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the features on it. If you make use of the Site, other than as provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
6. Proprietary Rights: As between you and KidsCLICK, KidsCLICK is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Site. The information on the Site including, all Content is protected by law, including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks or trade names of KidsCLICK or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. The KidsCLICK logos and service names are trademarks of KidsCLICK.
7. Changes to the Site:We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
8. International Use: KidsCLICK controls and operates the Site from its offices in the United States, and all information is processed within the United States. KidsCLICK does not represent that the Content on the Site is appropriate or available for use in other locations. Users who choose to access the 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.
9. Consent to Processing. By providing any personal information to the Site, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning the Terms should be directed to KidsCLICK at the address below.
11. Indemnity: You agree to defend, indemnify and hold KidsCLICK, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Site, your violation of the Site Use Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
12. DISCLAIMER OF WARRANTIES REGARDING SITE:YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDSCLICK DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. KIDSCLICK MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. LIMITATION OF LIABILITY:IN NO EVENT SHALL KIDSCLICK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF KIDSCLICK OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF KIDSCLICK TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE SITE USE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
14. Severability; No Waiver: If any provision of the Terms is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. KidsCLICK’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall KidsCLICK’s waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default. 15. Governing Law: The Terms are enforceable pursuant to and in accordance with the laws of the State of Maryland. Any dispute arising out of the Terms shall be decided by a court of competent jurisdiction in Baltimroe County, Maryland. 16. Successors and Assigns; No Assignment: The Terms shall be binding upon, and shall inure to the benefit of, KidsCLICK and its heirs, legal representatives, successors and assigns.
17. Headings: The subject headings of the sections of the Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
18. ARBITRATION: Except as prohibited by law, any dispute between KidsCLICK and a User shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). The arbitration shall be held at a location in the state in which you live. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE THESE TERMS OR YOUR USE OF THE SITE, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY. Notwithstanding anything to the contrary in these Terms, if the amount in dispute is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court. This arbitration provision is not intended to modify or limit the right of KidsCLICK or a User to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
19. Time to Bring Claims. Any claim or cause of action you may have with respect to KidsCLICK or the Site must be commenced within one (1) year after the claim or cause of action arose.
20. Entire Agreement: The Terms, and any Order (defined below) entered into by you from time to time, constitute the entire agreement between you and KidsCLICK relating to and governing your use of the Site, superseding any prior agreements between you and KidsCLICK.
21. Notices: The Site may provide notices of changes to these Terms or other matters by displaying notices or links to notices to Users on the Site. Notices to Users may also be made via either email or regular mail in the event that KidsCLICK has such information concerning a User. Notices to KidsCLICK must be made to the address below. All notices must be in writing and will be deemed given when delivered personally or by confirmed facsimile or email, one (1) day after being sent by nationally recognized courier service, or three (3) days after being sent by prepaid certified mail, except that notices of changes to the Terms posted on the Site will be effective upon posting.
22. Contacting KidsCLICK. To contact us with any questions or concerns in connection with the Terms or the Site, or to provide any notice under the Terms to KidsCLICK, please write to: Legal Department, KidsCLICK Entertainment, Inc., 53 West 23rd Street, 11th Floor New York, New York 10010.
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