Welcome to KidsEvents.com. This Agreement defines the terms and conditions under which KidsEvents.com, LLP ("KidsEvents.com") provides its services to member organizations ("Members") and other visitors ("Visitors") and together, "Users."
TERMS OF SERVICE
KidsEvents.com provides its service to Users subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to Users.
DESCRIPTION OF SERVICE
KidsEvents.com provides Users with access to a set of on-line event and class listing and promotion services ("Services"). Unless explicitly stated otherwise, any new features that enhance the current Services shall be subject to the TOS.
USERS' MEMBERSHIP OBLIGATIONS
Members agree to: a) Provide true, accurate, current and complete information about yourself or your organization (this information being the "Membership Data"). b) promptly update the Membership Data to keep it accurate, current and complete. If Members provide any information that is inaccurate, or KidsEvents.com has reasonable grounds to suspect that such information is inaccurate, Kidsevents.com has the right to suspend or terminate User's account and refuse any and all current or future use of the Service. c) Members agree to receive periodic emails from KidsEvents.com regarding the posting of event and class information, and Members further agree to take reasonable steps to ensure receipt of such emails, including but not limited to, adding the domain name, KidsEvents.com, to Member's approved senders list or white list.
USERS' CONTENT OBLIGATIONS
WITH RESPECT TO EVENT AND CLASS CONTENT PROVIDED BY USERS, USERS AGREE TO: (A) MAINTAIN, UPDATE AND EDIT THIS CONTENT IN A TIMELY MANNER, (B) LIST ONLY FAMILY AND CHILD APPROPRIATE EVENTS AND CLASSES AND C) COMPLY WITH ALL OF THE TERMS AND PROVISIONS OF THE TOS, INCLUDING THE CONTENT RESTRICTIONS SET FORTH BELOW. APPROPRIATE EVENTS AND CLASSES ARE DEFINED AS THOSE THAT: (A) A FAMILY WOULD ENJOY ATTENDING AS A GROUP, (B) WOULD BE APPROPRIATE FOR CHILDREN AGES 0-13 OR (C) ARE ABOUT CHILDREN IN THIS AGE GROUP (E.G., PARENTING).
MEMBER PASSWORDS
Members will receive a log-on ID and password upon completing the Service's membership process. Members are responsible for the confidentiality and use of their log-on ID and password, and are fully responsible for all activities that occur under this password. Members agree to immediately notify KidsEvents.com of any unauthorized use of the password or any other security concerns. KidsEvents.com cannot and will not be liable for any loss or damage arising from Member's failure to adequately protect passwords.
MEMBER CONDUCT/INAPPROPRIATE CONTENT
Members understand that all information, including class and event details, photographs, graphic images, or other materials ("Content") are the sole responsibility of the person from which such Content originated. Members, and not KidsEvents.com, are entirely responsible for all Content that Members upload, post, email or otherwise transmit via the Service. KidsEvents.com does not guarantee the accuracy, integrity or quality of such Content. Although all content and use is subject to this Usage Policy, Members and Users understand that they may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KidsEvents.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Members agree to not use the Service to: (a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) misrepresent or impersonate any person or entity or falsely state or otherwise misrepresent such Member's affiliation with a person or entity; (d) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (e) upload, post, or email any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes."
PRIVACY POLICY
Pursuant to KidsEvents.com's Privacy Policy, we may disclose to third parties certain aggregate information contained in your Membership Data or related data, provided that, such information will NOT include personally identifying information, except if KidsEvents.com reasonably determines that such disclosure is necessary to comply with law, legal process, or to enforce the TOS. KidsEvents.com is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create the account for their children. Please refer to the Privacy Policy page for full details.
CONTENT SUBMITTED BY MEMBERS
Members license the Content to KidsEvents.com as set forth below for the purpose of displaying and distributing such Content on our web site. By submitting Content to KidsEvents.com, Members automatically grant, or warrant that the owner of such Content has expressly granted KidsEvents.com the royalty-free right to use, reproduce, modify, and display such Content, in any manner. Without limiting the foregoing, KidsEvents.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
INDEMNITY
Users agree to indemnify and hold KidsEvents.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees and other Users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's Content, such User's use of the Service, such User's connection to the Service, such User's violation of the TOS, or such User's violation of any rights of another.
NO RESALE OF SERVICE
Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service (including the Content), use of the Service, or access to the Service, unless specifically authorized in writing.
CHANGES TO SERVICE
KidsEvents.com 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. Users agree that KidsEvents.com shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION OF MEMBERSHIP
Members agree that KidsEvents.com, in its sole discretion, may terminate membership, for any reason, including, without limitation, for lack of use or if KidsEvents.com believes that a Member has violated or acted inconsistently with the TOS.
ADVERTISERS AND LINKS
Users' 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 Users and such advertiser. Users agree that KidsEvents.com 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 KidsEvents.com. The Service may provide useful links to other World Wide Web sites. Users acknowledge and agree that KidsEvents.com is not responsible for the availability of such external sites or for the content on such sites.
KIDSEVENTS.COM'S PROPRIETARY RIGHTS
Users acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that Content contained in sponsor advertisements or information presented to Users through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KidsEvents.com or advertisers, as applicable, Users 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. Users may not (and may 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, or sublicense any of the Service.
MAINTENANCE, SUPPORT AND SECURITY
KidsEvents.com will provide an e-mail address and a telephone number to Users by which Users can obtain technical assistance in dealing with any operational or other difficulties that may arise in connection with use of the KidsEvents.com web site. KidsEvents.com reserves the right to establish reasonable limitations on the extent of such support, and the hours at which it is available. KidsEvents.com will use commercially reasonable efforts to maintain Users' data in a secure manner and prevent unauthorized access or changes to this data. User acknowledges that KidsEvents.com does not commit to supporting or specifying any particular browsing or operating platform, and that KidsEvents.com has the right at any time to revise and modify its web pages, release subsequent versions thereof, and/or alter features, specifications, capabilities, functions, and other characteristics of the KidsEvents.com web site, all without notice to User.
EXCLUSION OF WARRANTIES
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
TRADEMARKS
The pinwheel and the pinwheel together with KidsEvents.com and other KidsEvents.com graphics, logos and names are trademarks or registered trademarks of KidsEvents.com. These marks may not be used in connection with any product or service not belonging to KidsEvents.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KidsEvents.com.
GENERAL INFORMATION
The TOS constitute the entire agreement between Users and KidsEvents.com and govern use of the Service, superseding any prior agreements between Users and KidsEvents.com. The TOS and the relationship between Users and KidsEvents.com shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. Users and KidsEvents.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield, Connecticut. The failure of KidsEvents.com 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. Users 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.
AGREEMENT
KidsEvents.com and User accept, agree and execute this agreement by the act of User selecting the "I Want to Join" button. Executed on the World Wide Web address of http://www.KidsEvents.com, on Jul, 5, 2008