Thanks for visiting. The following explains important terms you should know and agree to prior to using Kidworth.com (the “Website”). Our lawyers made us make this long, so we appreciate your patience.
WEBSITE AND CONTENT
We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.
In addition, the Website may contain links to other Internet sites, resources, and sponsors or advertisers. We cannot be responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.
All content on the Website is protected by copyright, and owned or controlled by Kidworth unless otherwise indicated. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.
The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by Kidworth or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.
The Websitemay contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
USER CREATED CONTENT
Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to Kidworth and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Kidworth has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.
You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify Kidworth and its affiliates as provided in Legal Terms below.
Content Submission Rules and Restrictions
You agree not to submit any content that:
- is libelous, defamatory, obscene, pornographic, or otherwise illegal;
- is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
- abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc
- infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
- impersonates another person or misquotes another person
- violates any applicable law, or violates any party’s rights.
In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.
You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.
Termination for cause may include, but is not limited to:
- Violations of other posted rules of conduct
- Violations of law or intellectual property rights
No Representations or Warranties as to Website
THE WEBSITE AND ALL CONTENT PROVIDED BY KIDWORTH OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS" BASIS. KIDWORTH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESEN¬TA¬TIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY KIDWORTH AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATE¬MENTS BY KIDWORTH, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUD¬ING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTIC¬ULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVER¬RIDDEN, EXCLUDED AND DISCLAIMED.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL KIDWORTH OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIDWORTH AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM KIDWORTH OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue.
Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at firstname.lastname@example.org. (Please direct all general questions to email@example.com.
Last revised December 2010