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Terms and Conditions of Use
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THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF KIDSPAGES.ORG. PLEASE READ THEM CAREFULLY KidsPages.org is a member-driven community and resource. Our objective is to provide a family website for knowledge-sharing, the exchange of ideas and view-points and community-building. We have established the following Terms of Use and Community Guidelines. The Terms of Use is a binding legal agreement that you and each community member makes with KidsPages.org. The content that appears on KidsPages.org is for informational and educational purposes only. Before acting on any information that you find on KidsPages.org, we encourage you to confirm any important facts. The information on KidsPages.org is not a substitute for professional, medical advice, diagnosis or treatment. We make every attempt to provide useful and accurate information, but it is inevitable that errors may occasionally appear. The content and materials posted by you and other users and third parties is not endorsed by KidsPages.org, nor do we guarantee the accuracy of any postings. By accessing and using KidsPages.org, you are hereby agreeing to be legally bound by these Terms of Use. If you do not agree with all of the following Terms of Use, do not use KidsPages.org. Certain services, contests and features on KidsPages.org may be governed by additional or separate terms of use, rules or policies at times. 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 KidsPages.org. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time for any reason. Such changes and/or modifications shall become effective immediately upon the posting on KidsPages.org. Please review these Terms of Use periodically for any updates. Your continued use of KidsPages.org following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. KidsPages.org offers various services including forums, blogs, member-provided and partner-provided content, social networking features, KidsPages.org membership and more. KidsPages.org reserves the right at any time to modify or discontinue, temporarily or permanently, any of the Services offered on our site without notice. You agree that KidsPages.org shall not be liable to you or any third party for any modification, suspension or discontinuance of any or all of our Services. Privacy Policy Kids’ Pages Cares, Inc., which publishes KidsPages.org, is committed to protecting and respecting your privacy. Protection of your data is one of the key success criteria by which we measure our performance. This Privacy Policy describes how we treat personal information received about you when you visit KidsPages.org. We may make content or services from other Web sites available to you from links located on KidsPages.org. These other Web sites are not subject to this Privacy Policy. We recommend that you review the privacy policy at each such Web site to determine how that site protects your privacy. Information We Collect Our primary goal in collecting personal information from you is to provide you with a smooth and efficient experience while using our services. When you register, and at other times, KidsPages.org will collect personally identifiable information from you that may include your name, age, address, e-mail address, credit-card number and opinions. We do not, however, knowingly collect personal information from children under the age of thirteen. Surveys & Contests From time-to-time our site may request information from users via surveys, contests or for a particular service. Participation in these surveys or contests is completely voluntary and you have a choice whether or not to disclose this information. Information requested may include contact information and supplementary information on your interests, opinions and preferences. We will use the contact information to notify winners. We will only publish winners’ First name, last initial and city of residence on the site though on request we will provide details of any winners’ name and organization. If the survey or contest has a sponsor then we may share information given by entrants with the sponsor. Web Site Usage Information We automatically collect anonymous Web site usage information when you visit our Web site. This information helps us evaluate overall usage on an aggregate basis, including the number and frequency of visitors to each Web page, and the length of their visits. How We Use Information Collected We may use information in the following ways: • To send you e-mail notifications about products or services, special offers, or to otherwise contact you. • To enhance existing features or develop new features products and services. • To provide advertisers and other third parties with aggregate information about our user base and usage patterns. Except as specifically set forth in this Privacy Policy, we will NEVER share your personally identifiable information outside of KidsPages.org. Security Personal information, once collected, is never shown on the Web site. It may be emailed only to the address provided along with the information, but never to a different address, even one believed to be a new address for the same person. Official Rules for Online Contests Online contests are open to legal U.S. residents only. Entrants under age 18 must have a parent or legal guardian’s permission to enter. Limit one online entry per person or email address per day per internet location. In the event of a dispute over an electronic entry, prize will be awarded to the owner of the e-mail account, not the name on the entry form. Mass entries or entries generated by a script, macro or use of automated devices will be disqualified. If applicable, online entries must be submitted by specified deadline. Kids’ Pages Cares Inc. assumes no responsibility for error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of or failure to receive entry information by Kids’ Pages Cares Inc. on account of technical problems or traffic congestion on the Internet or at any Web site congestion or any combination thereof. No responsibility is assumed for any injury or damage to entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the sweepstakes. Kids’ Pages Cares Inc. is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the online contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the online contest. Any attempt to deliberately damage any on-line service or website or to undermine the legitimate operations of the sweepstakes is a violation of criminal & civil laws. Should such an attempt be made, Kids’ Pages Cares Inc. reserves the right in its sole discretion to disqualify such entrant and to cancel, terminate, modify or suspend the contest. Sweepstakes and Contests are presented by: Kids’ Pages Cares Inc. P.O. Box 745219 Arvada, CO 80006 Kids’ Pages Cares, Inc. can be reached by writing to the above address, or by e-mail at contests@kidspages.org. By participating, entrants agree to be bound by these official rules and the decisions of Kids’ Pages Cares Inc. and the online contest administrator, which shall be final in all respects. By participating in Kids’ Pages Cares Inc. online contests and accepting any prize that they may win, entrants agree to release Kids’ Pages Cares Inc., affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in Kids’ Pages Cares Inc. online contests and/or acceptance or use of the prize. Entrants authorize Kids’ Pages Cares Inc. to use their name, likeness, biographical data, city, school name (if applicable) and entry materials online and in promotional material, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Kids’ Pages Cares Inc. is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at their sole discretion, without further obligation or compensation. The information provided may be used by Kids’ Pages Cares Inc. to contact consumers for marketing purposes. If you do not wish to be contacted, you may opt out by following the directions in the Opt Out Section in these Terms and Conditions. Policy Modifications We may change our Privacy Policy from time to time. We will post any changes here, so be sure to check back periodically. Registering as a KidsPages.org Member You do not have to be member to use KidsPages.org. However, only KidsPages.org Members can access some of the features and services on our site. Membership is open to legal U.S. residents who are 18 years of age or older. To register, you must provide us with your name, email address and other information that we request. You will also be asked to create a password which, along with your user name or e-mail address will identify you as a member each time you visit KidsPages.org. This allows you to access your account. You may not select or use a user name of another person with intent to impersonate that person, or use a user name in which another person has rights to without authorization from that person, or use a user name that KidsPages.org, at its sole discretion, deems offensive. Members are not permitted to have more than one account or to share accounts with another person. Any duplicate accounts are subject to cancellation. You agree to provide true, accurate, complete and current information about yourself on the registration form, and to maintain and update your data to keep it accurate, current and complete. If you provide information that is inaccurate, dishonest, not current or incomplete, KidsPages.org has the right to suspend or terminate your membership and refuse any and all current or future use of KidsPages.org. Members must immediately notify KidsPages.org of any known or suspected unauthorized use of a member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a member's password. Each member is responsible for the confidentiality of their user name and password and all activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by the member or the result of the member authorizing a third party to use the member's username and password. Opt Out By registering at KidsPages.org, you will receive periodic online communications from KidsPages.org. To opt out of receiving online communications from KidsPages.org send an email to optout@kidspages.org. In addition, you may opt out of receiving online communications at any time by following the unsubscribe instructions included in every online communication you receive from us. Use of Services KidsPages.org and the services we offer are intended for your personal, noncommercial use. You agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from KidsPages.org except as permitted. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on KidsPages.org. In addition you may not use any automated means to manipulate KidsPages.org or our services, such as automating what are otherwise manual or one-off procedures, or otherwise exceed the limited access granted to you by us. Postings and Communications KidsPages.org has many opportunities for members to share information and communicate with each other, including forums, blogs, groups, reviews comments and more. Visitors to KidsPages.org can read most of the content on our site, but cannot post or submit content. Use of KidsPages.org and all of the information of any type, including, text, photos, graphics and images, that is posted, uploaded, transmitted or otherwise submitted by members of KidsPages.org is subject to the following: 1. Every member takes responsibility for all content posted under their username. If you post or submit anything to KidsPages.org, you guarantee that you have legal rights to post that material and that it will not violate any law or the rights of any person. 2. KidsPages.org is under no obligation to return any content that you post to you or to acknowledge receipt of any content. 3. By using KidsPages.org you acknowledge that you may be exposed to content that you find objectionable or offensive or which is inaccurate, misleading or incomplete. KidsPages.org is not responsible for the accuracy, completeness or usefulness of any content posted by members, including content posted by parenting experts or bloggers, nor do we endorse such content. We do not verify the identity of people using KidsPages.org, and you assume the risk of believing any content. 4. We reserve the right, to monitor, screen, edit, review or remove any content/postings at any time and without notice if we believe it will improve KidsPages.org, or if we determine that the content violates our Terms of Use or removal is necessary to protect the rights, property or personal safety of KidsPages.org, its users and the public, or if required to do so by law. Any content posted or submitted to KidsPages.org will become public and any personal information posted will be accessible to any visitors to our Site. Content KidsPages.org monitors the content posted on our site, but we are under no obligation to do so. You acknowledge that KidsPages.org 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 our site. Group moderators, guides and hosts are not authorized by KidsPages.org, and their views do not necessarily reflect those of KidsPages.org. KidsPages.org 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. We will of course make all reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all of our users. We reserve the right at our 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 KidsPages.org that violates our Terms of Use or that is otherwise objectionable as determined by us in our sole discretion, but we are not responsible for any failure or delay in removing or blocking access to any such material. We reserve the right to revoke the privileges of users who do not comply with these Terms of Use. Conduct on KidsPages.org All members and visitors agree to obey the following rules of conduct when using KidsPages.org: 1. You will follow the Terms and Conditions and all applicable laws; 2. You will not upload, email, post or make available any content that is unlawful, harmful, abusive, harassing, threatening, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (in KidsPages.org sole judgment). 3.You will not upload, email, post or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to a: copyright, patent, trademark, trade secret, or other proprietary right. 4. You will not distribute another person's personal information without their permission. 5. You will not use KidsPages.org for commercial purposes or to advertise products or services. 6. You will not collect personal information about any other individual on KidsPages.org, or repeatedly contact, or harass another user or a KidsPages.org employee. 7. You will not use KidsPages.org to harm minors. 8. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. 9. You will not post, distribute or transmit any content or software or other computer files that contains a computer virus or other harmful component. 10. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "trolling," "flooding," and "griefing" as those terms are commonly understood and used in the Internet. 11. You will comply with the Terms and Conditions and Community Guidelines. Your Responsibilities You may use KidsPages.org only for lawful, non-commercial purposes. You may not submit or transmit through KidsPages.org any material, or otherwise engage in any conduct, that: violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights; 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); 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 KidsPages.org deems in its sole discretion to be inappropriate for KidsPages.org. You may not victimize, harass, "stalk," degrade, attack or intimidate an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability; harm minors in any way; impersonate any person, business or entity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings transmitted through KidsPages.org; 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; 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; instigates or encourages others to commit illegal activities or cause injury or property damage to any person; otherwise interferes with the use or enjoyment of KidsPages.org by others; encourages conduct that would constitute a criminal offense or that gives rise to civil liability; is intended to promote and/or generate revenue for any third party business activity; or violates these Terms of Use or any guidelines or policies posted on KidsPages.org. KidsPages.org will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service as outlined above. You may not use KidsPages.org 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 and Conditions. Spam You may not use KidsPages.org 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 KidsPages.org to violate the terms of this section. We may terminate your access to KidsPages.org 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. License to Use Submitted Content By submitting content to KidsPages.org, you grant us a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, modify, display, adapt, and create derivative works from all member content, for any commercial purposes, and to use your name, likeness and any personal information you submit without your prior approval or the payment of any compensation. Participation by Children. KidsPages.org does not encourage children to participate or visit our site. Visitors who are known to be under the age of 18 are prohibited from registering and becoming members. We do not knowingly collect personal information from children under the age of 18. Content Contributed to the Site by Third Parties KidsPages.org monitors the content posted on our site, but we are under no obligation to do so. You acknowledge that KidsPages.org 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 our site. Group moderators, guides and hosts are not authorized by KidsPages.org, and their views do not necessarily reflect those of KidsPages.org. KidsPages.org 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. We will of course make all reasonable efforts to ensure that the discussion boards, user-generated pages and other interactive features best serve the interests of all of our users. We reserve the right at our 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 KidsPages.org that violates our Terms of Use or that is otherwise objectionable as determined by us in our sole discretion, but we are not responsible for any failure or delay in removing or blocking access to any such material. We reserve the right to revoke the privileges of users who do not comply with these Terms of Use. Indemnity You agree to indemnify and hold Kids Pages Cares Inc., and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind that we may incur in connection with a third party claim or otherwise, in relation to your use of the services or access to KidsPages.org, or your violation of either these Terms and Conditions, applicable law or the rights of any third party. This includes attorney’s fees. Disclaimer of Warranties You fully understand that your use of KidsPages.org is at your sole risk. This includes any downloads, or other loss of data or any damage to your computer that you may experience from using KidsPages.org. You understand and agree that KidsPages.org and all information, products and content, including content from third parties is provided on an “as is basis and is subject to change at anytime without notice. You understand that KidsPages.org makes no warranty that our site or services will be timely, secure, error-free or uninterrupted. In addition, you acknowledge that your use and browsing of KidsPages.org is at your own risk. To the fullest extent of the law, KidsPages.org disclaims all warranties, representations, conditions of any kind. The information provided on KidsPages.org is provided with the understanding that we are not engaged in giving medical, financial, legal, personal or other professional advice or services. You are encouraged to seek professional advice for any and all circumstances that require such attention. Liability Disclaimer In no event and under no circumstances shall KidsPages.org or its affiliates be liable to you or any third party making claims for any damages including but not limited to any direct, indirect, special, punitive or incidental damages or damages for loss of use, loss of profits or data arising out of or related to the use, inability to use, unauthorized use of, performance or non-performance of KidsPages.org. This is in effect even if we have been previously advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity at law or otherwise. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then KidsPages.org’s aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars ($50). Member Termination At any time KidsPages.org can suspend or terminate your access to our site or any of the services, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of our Terms and Conditions. If you are suspended or terminated from KidsPages.org, then you are no longer authorized to access the site or the services, and the restrictions imposed on you with respect to any materials downloaded from KidsPages.org or the services and the disclaimers and limitations of liabilities set forth in the Terms and Conditions shall survive. You understand and agree that your membership on KidsPages.org is subject to and conditioned upon: 1. Your continued adherence to these Terms and Conditions and any future modifications to the Terms and Conditions. 2. Your violation of the Terms and Conditions or any other agreement between you and KidsPages.org constitutes grounds for immediate termination of your membership without further notice at our sole discretion. 3. Termination of your KidsPages.org membership will result in cancellation of all rights of access and use granted to members. 4. Members may terminate their membership at any time by sending an email stating so to members@kidspages.org including user name and password. 5. KidsPages.org shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions. Any decision we make relating to termination or suspension of any member's account shall be final and binding. Third Party Interaction, Services and Products All matters concerning services, merchandise and other products from any third parties, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the third parties. Kidspages.org makes no warranties or representations whatsoever with regard to any services, merchandise or other products provided by ANY third parties. We are not a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions and KidsPages.org will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any third party transactions. Wrap it Up These Terms and Conditions are the entire agreement between you and KidsPages.org. They supersede any and all prior or contemporaneous agreements between you and Kids Pages Cares Inc. relating to your use of KidsPages.org. If any part of these Terms and Conditions is determined to be invalid or unenforceable, it will not impact any other provision of these Terms and Conditions, all of which will remain in full force and effect. The failure of Kids’ Pages Cares Inc. to partially or fully exercise any rights or the waiver of Kids’ Pages Cares Inc. of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by Kids’ Pages Cares Inc. or be deemed a waiver by Kids’ Pages Cares Inc. of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Kids’ Pages Cares Inc. under these Terms and Conditions and any other applicable agreement between you and Kids’ Pages Cares Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. These Terms and Conditions are governed by, and will be interpreted in accordance with, the laws of the State of Colorado, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Kids’ Pages Cares Inc. for any violation of our proprietary or other rights, any and all disputes relating to these Terms and Conditions, your use of KidsPages.org shall be resolved by a Colorado Media and Arbitration Dispute Resolution Professional in Denver, Colorado. Comments and Questions If you have any questions, comments or concerns, you may contact us at home@KidsPages.org. ©2008 Kids’ Pages Family Media, KidsPages.org. The online destination for Colorado Families
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