WEBSITE TERMS and CONDITIONS
YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT MYKIDSCOUNTY.ORG IS UNWILLING TO LET YOU UTILIZE OUR SERVICES.
1. ACCEPTANCE OF TERMS
Welcome to MYKIDSCOUNTY.ORG, INC., (“MYKIDSCOUNTY.ORG”). MYKIDSCOUNTY.ORG provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mykidscounty.org/tos. In addition, when using particular MYKIDSCOUNTY.ORG owned or operated services, you and MYKIDSCOUNTY.ORG shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICES.
MYKIDSCOUNTY.ORG is an organization run to provide the opportunity to bring parents, children and service providers together.
3. NON-COMMERCIAL USE BY MEMBERS.
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are set forth above. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MYKIDSCOUNTY.ORG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MYKIDSCOUNTY.ORG has the right to suspend or terminate your account and refuse to you any and all current or future use of the Service (or any portion thereof). MYKIDSCOUNTY.ORG is concerned about the safety and privacy of all its users.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service\s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MYKIDSCOUNTY.ORG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MYKIDSCOUNTY.ORG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MYKIDSCOUNTY.ORG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MYKIDSCOUNTY.ORG does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MYKIDSCOUNTY.ORG be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MYKIDSCOUNTY.ORG official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content 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);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
n. harasses or advocates harassment of another person;
o. exploit people in a sexual or violent manner;
p. contains nudity, violence, or offensive subject matter;
q. solicits personal information from anyone under 18;
r. provides any telephone numbers, street addresses, last names, URLs or email addresses;
s. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
t. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
u. furthers or promotes any criminal activity or enterprises or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
v. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
w. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
x. Includes a photograph of another person that you have posted without that person’s consent; or
y. Uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
You acknowledge that MYKIDSCOUNTY.ORG may or may not pre-screen Content, but that MYKIDSCOUNTY.ORG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MYKIDSCOUNTY.ORG and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MYKIDSCOUNTY.ORG or submitted to MYKIDSCOUNTY.ORG, including without limitation information in MYKIDSCOUNTY.ORG Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that MYKIDSCOUNTY.ORG may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MYKIDSCOUNTY.ORG, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MYKIDSCOUNTY.ORG and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with federal, state and all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. MYKIDSCOUNTY.ORG reserves the right to investigate and take appropriate legal action against anyone who, in MYKIDSCOUNTY.ORG’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b. advertising to, or solicitation of, any Member to buy or sell any product or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MYKIDSCOUNTY.ORG reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MYKIDSCOUNTY.ORG deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that your will have caused substantial harm to MYKIDSCOUNTY.ORG, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MYKIDSCOUNTY.ORG $100.00 for each such unsolicited email or other unsolicited communication you send through the Services;
c. covering or obscuring the banner advertisements on your personal profile page, or any MYKIDSCOUNTY.ORG page via HTML/CSS or any other means;
d. any automated use of the system, such as using scripts to contact people;
e. interfering with, disrupting, or creating an undue burden on the Services or the network or services connected to the Services;
f. attempting to impersonate another Member or person;
g. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
h. selling or otherwise transferring your profile;
i. using any information obtained from the Services in order to harass, abuse, or harm another person; or
j. using the Services in a manner inconsistent with any and all applicable laws and regulations.
10. COPYRIGHT POLICY.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MYKIDSCOUNTY.ORG to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to MYKIDSCOUNTY.ORG by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MYKIDSCOUNTY.ORG’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
11. MEMBER DISPUTES.
You are solely responsible for your interaction with other MYKIDSCOUNTY.ORG Members. MYKIDSCOUNTY.ORG reserves the right, but has no obligation, to monitor disputes between you and other Members.
MYKIDSCOUNTY.ORG is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on MYKIDSCOUNTY.ORG may contain links to other websites. MYKIDSCOUNTY.ORG is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MYKIDSCOUNTY.ORG. Inclusion of any linked website on MYKIDSCOUNTY.ORG does not imply approval or endorsement of the linked website by MYKIDSCOUNTY.ORG. When you access these third-party sites, you do so at your own risk. MYKIDSCOUNTY.ORG takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. MYKIDSCOUNTY.ORG is not responsible for the conduct, whether online of offline, of any User of the Services. MYKIDSCOUNTY.ORG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MYKIDSCOUNTY.ORG is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall MYKIDSCOUNTY.ORG be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, attendance at a MYKIDSCOUNTY.ORG event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online of offline. The Services are provided “AS-IS” and as available and MYKIDSCOUNTY.ORG expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MYKIDSCOUNTY.ORG cannot guarantee and does not promise any specific results from use of the Services.
14. LIMITATION ON LIABILITY.
IN NO EVENT SHALL MYKIDSCOUNTY.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYKIDSCOUNTY.ORG HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYKIDSCOUNTY.ORG’S 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 TO MYKIDSCOUNTY.ORG FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. EXPORT CONTROLS.
Software that may be available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
16. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MYKIDSCOUNTY.ORG does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, however, you grant MYKIDSCOUNTY.ORG the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of MYKIDSCOUNTY.ORG, the license to use, distribute, reproduce, translate, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific MYKIDSCOUNTY.ORG to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MYKIDSCOUNTY.ORG removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than MYKIDSCOUNTY.ORG, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MYKIDSCOUNTY.ORG removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the MYKIDSCOUNTY.ORG network of properties that are intended by MYKIDSCOUNTY.ORG to be available to the general public and those websites to which we send content.
You personally agree to indemnify and hold MYKIDSCOUNTY.ORG, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, through administrative pre-trial, trial, appellate, enforcement and alternative dispute resolution levels, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity.
19. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service; or replicate the Service in any medium whatsoever or utilize any other mechanism for replicating the Service.
20. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MYKIDSCOUNTY.ORG may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MYKIDSCOUNTY.ORG's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MYKIDSCOUNTY.ORG has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MYKIDSCOUNTY.ORG reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MYKIDSCOUNTY.ORG reserves the right to modify these general practices and limits from time to time.
21. MODIFICATIONS TO SERVICE
MYKIDSCOUNTY.ORG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MYKIDSCOUNTY.ORG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MYKIDSCOUNTY.ORG may, under certain circumstances and without prior notice, immediately terminate your MYKIDSCOUNTY.ORG account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) violation of any laws and (g) extended periods of inactivity. Termination of your MYKIDSCOUNTY.ORG account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MYKIDSCOUNTY.ORG’s sole discretion and that MYKIDSCOUNTY.ORG shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. If your account has been terminated by MYKIDSCOUNTY.ORG, you can not re-join in the future unless you are formally invited by MYKIDSCOUNTY.ORG.
23. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You agree that MYKIDSCOUNTY.ORG 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 advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MYKIDSCOUNTY.ORG has no control over such sites and resources, you acknowledge and agree that MYKIDSCOUNTY.ORG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYKIDSCOUNTY.ORG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
25. MYKIDSCOUNTY.ORG'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MYKIDSCOUNTY.ORG or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MYKIDSCOUNTY.ORG grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MYKIDSCOUNTY.ORG for use in accessing the Service.
You, your employees, officers, directors, contractors, independent contractors, affiliates, and other third-parties, whether or not with your permission acknowledge that you shall neither, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Service, merge the Service into other program material, nor shall Licensee otherwise create or attempt to obtain the source code of the Software.
26. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYKIDSCOUNTY.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYKIDSCOUNTY.ORG MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR PROGRAMS OR ANY OTHER TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND/OR PROGRAMS.
b. MYKIDSCOUNTY.ORG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYKIDSCOUNTY.ORG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. AGE DISCLAIMER: BY POSTING AN ADVERTISEMENT FOR OUR SERVICES IN THIS SECTION YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE .
IF YOU ARE UNDER AGE EIGHTEEN (18) YEARS OF AGE, YOUR PARENT AND/OR GUARDIAN MUST SIGN THIS FORM ELECTRONICALLY WITH YOU TO INDICATE THEIR PERMISSION IN YOUR POST.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYKIDSCOUNTY.ORG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYKIDSCOUNTY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS YOU RELEASE US (OUR OFFICERS, DIRECTORS, AGENTS AND SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND AFFILIATES) FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL, AND PUNITIVE) OF EVERY KIND AND NATURE KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT YOU FURTHER WAIVE YOUR RIGHT UNDER CALIFORNIA CIVIL CODE SECTION 1542 PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXISTS AT THE TIME OF THE EXECUTING OF THE RELEASE.
28. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
29. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
MYKIDSCOUNTY.ORG may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
31. TRADEMARK INFORMATION
Trademarks and service marks and other MYKIDSCOUNTY.ORG logos and product and service names are trademarks of MYKIDSCOUNTY.ORG, (the " MYKIDSCOUNTY.ORG Marks"). Without MYKIDSCOUNTY.ORG’s prior permission, you agree not to display or use in any manner, the MYKIDSCOUNTY.ORG Marks.
32. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MYKIDSCOUNTY.ORG respects the intellectual property of others, and we ask our users to do the same. It is the policy of MYKIDSCOUNTY.ORG to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act (“DCMA”) and other applicable intellectual property laws. MYKIDSCOUNTY.ORG may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MYKIDSCOUNTY.ORG ‘s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- located identification of the specific URL of where the material that you claim is infringing is on the site;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- the customer involved.
MYKIDSCOUNTY.ORG’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Please note any other matters or inquiries (ie. Non-copyright related matters or inquiries) directed to the above party will not be addressed or responded to. To contact MYKIDSCOUNTY.ORG on other matter, please “Contact Us” section.
33. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and MYKIDSCOUNTY.ORG and govern your use of the Service, superceding any prior agreements between you and MYKIDSCOUNTY.ORG. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MYKIDSCOUNTY.ORG services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and MYKIDSCOUNTY.ORG shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and MYKIDSCOUNTY.ORG agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida.
Waiver and Severability of Terms. The failure of MYKIDSCOUNTY.ORG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your MYKIDSCOUNTY.ORG account is non-transferable and any rights to your MYKIDSCOUNTY.ORG I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of our TOS to our firstname.lastname@example.org. Report violations of other TOS to the respective providers involved.
35. YOU AND MYKIDSCOUNTY.ORG
By completing the registration process and by clicking on the “Submit” button you are applying to receive a Service and/or Programs. Your relationship to MYKIDSCOUNTY.ORG is one of an independent contractor and/or customer. No employee-employer relationship is created by your use of Service. You are not obligated to refer anyone to MYKIDSCOUNTY.ORG Service. MYKIDSCOUNTY.ORG IS NOT OBLIGATED TO PROVIDE ANY SERVICE AND/OR PROGRAMS OR ANY OTHER PROMOTIONS TO YOU.