KidMatter Terms of Use - ACCEPTANCE OF TERMS
Welcome to KidMatter.com, an online place where parents help parents. Your use of this web site is subjected to the terms of use of this web site. Please read these terms carefully. By accessing or using this web site at www.kidmatter.com ("KidMatter Site", "KidMatter.com" or "Site"), you agree to be bound by these terms of use ("Terms" or "Agreement"), as well as any other guidelines and rules on KidMatter.com, whether or not you are a registered member of KidMatter.com. If you do not agree to these Terms, please discontinue the use of this site. KidMatter.com reserves the right to modify, alter or update the Terms in its sole discretion at any time without prior notice. Any changes or amendment take effect immediately upon posting them. By continuing to access or use KidMatter.com after any such amendment, you agree to be bound by the terms of the amended Agreement. - ELIGIBILITY
The KidMatter.comis not targeted towards, nor intended for use by anyone under the age of 18. By using the KidMatter.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age or the applicable legal age in your jurisdiction, you can use the KidMatter.com only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. - MEMBERSHIP AND SECURITY
You may become a "Member" or "Registered User" of the KidMatter.com. Becoming a Member allows you to post content on the KidMatter Site. You may not a) use a name of another person as user ID with the intent to impersonate that person; b) use a name that is vulgar or offensive; 3) use a name subject to any right without authorization. KidMatter.com reserves the right to refuse registration of, or cancel a User ID in its discretion. You are responsible for safeguarding the password that you use to access the KidMatter Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify KidMatter of any unauthorized use of your account. - SITE CONTENT
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Site, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Site's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.You may only download or electronically copy and print any of the contents displayed on the site to which you have properly gained access solely for your personal and noncommercial use provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any web site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
We do not control the Content posted by third parties, including the content of any messages or reviews, and does not endorse nor guarantee the accuracy, timeliness, integrity or quality of such Content. We do not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the KidMatter Site. Notwithstanding the foregoing, KidMatter.com will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content. Under no circumstances will KidMatter.com be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. - USER CONTENT
Any content submitted, posted or otherwise make available to or through the KidMatter.com by users of KidMatter Site, is the responsibility and property of the author. The author retains all patent, trademark and copyright to his/her own content posted on the site and is responsible for protecting those rights. The user posting content represents that it has all rights necessary to post such Content without violation of any intellectual property or other rights of third parties, or any laws or regulations;
You agree that you shall not post any information: - that is known by you to be false, inaccurate or misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing;
- that infringes any third party's copyright, patent, trademark, trade secret, intellectual property rights, or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You understand and agree that the Owner/Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Owner/Company violates this Agreement.
By submitting, posting or otherwise make available to or through the KidMatter.com, you do grant KidMatter a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right as set delineated below: (a) with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (b) with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available. - USER CONDUCT
You agree that you shall not: - collect any information about other users or members for any purpose other than to solicit and share reviews with those users or members;
- modify, translate or reverse engineer any portion of the KidMatter.com and service;
- access, retrieve or index any portion of the Site/Service for purposes of constructing or populating a searchable database of business reviews;
- copy or store any Content offered on the KidMatter.com for other than your own use;
- reformat or frame any portion of the web pages on the site;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- create user accounts by automated means or under false or fraudulent pretenses;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
- THRID PARTY WEBSITES AND CONTENT
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. The hyperlinks to Other Sites do not constitute an endorsement by KidMatter.com of any Other Site(s) or resources, or their content. The Web Sites are only providing these links to you as a convenience. - PRIVACY
Please refer to Privacy Policy for information on how KidMatter Site collects, uses and discloses personally identifiable information from its users. - TERMINATION
You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KidMatter.com, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from any violation of these Terms and/or any intentional wrongdoing by you. - Disclaimer.
No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, COMPLETE, SECURE OR CONTINUOUSLY AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT DEFECTS AND ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. - Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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