ACCEPTANCE
OF TERMS
Welcome
to KinderStart .Com, which 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.
KinderStart.Com
is a Limited Liability Company, registered in the State of California as
KinderStart.Com LLC.
1.
In addition, when using particular KinderStart.Com services, you and KinderStart.Com
shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. If you are a KinderStart.Com
Free Web Page user, please note that KinderStart.Com provides different
Terms of Service explained at that sign-up for that free web space. KinderStart.Com
also may offer other services from time to time, and these TOS apply as
well as any other indicated at sign up for the different features or offers
of KinderStart.Com.
2.
DESCRIPTION OF SERVICE KinderStart.Com currently provides users with access
to a rich collection of on-line resources, which may include, various communications
tools, online forums, shopping services, personalized content and branded
programming through its network of properties (the Service). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new KinderStart.Com properties, shall
be subject to the TOS. You understand and agree that the Service is provided
AS-IS and that KinderStart.Com assumes no responsibility for the timeliness,
deletion,
mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you 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 KinderStart.Com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, KinderStart.Com has the right to suspend or
terminate your account and refuse any and all current or future use of
the Service (or any portion thereof). KinderStart.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 supervise their viewing of the content on the site,
this is your sole responsibility as a parent and KinderStart.Com does any
or all links or resources on the site are acceptable for children.
4.
KinderStart.Com PRIVACY POLICY
Registration
Data and certain other information about you are subject to our Privacy
Policy. For more information, see our full privacy policy at http:kinderstart.com/privacy.html
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the Service's
registration process for e-mail or other services. You are responsible
for maintaining the confidentiality of the password (s) and account, and
are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify KinderStart.Com 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.
KinderStart.Com cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6.
MEMBER CONDUCT
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 KinderStart.Com,
are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service.
KinderStart.Com
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
KinderStart.Com 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, tortuous, 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 KinderStart.Com official, forum leader, guide or
host, 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, except in
those areas (such as shopping rooms) that are designated for such purpose;
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, including,
but not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. stalk or otherwise harass another; or collect or store personal data
about other users.
You
acknowledge that KinderStart.Com does not pre-screen Content, but that
KinderStart.Com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, KinderStart.Com 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 KinderStart.Com
or submitted to KinderStart.Com, including without limitation information
in KinderStart.Com Message Boards, KinderStart.Com Sections, and in all
other parts of the Service. You acknowledge and agree that KinderStart.Com
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such 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; or (d) protect the rights, property, or personal safety
of KinderStart.Com, 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.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with 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. 8. PUBLIC CONTENT POSTED TO KinderStart.Com (a) For purposes
of the TOS, publicly accessible areas of the Service are those areas of
the KinderStart.Com network of properties accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of KinderStart.Com Sections or that consists of photos
or other graphics you elect to post to any other publicly accessible area
of the Service, you grant KinderStart.Com the world-wide, royalty free
and non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing
and promoting the specific KinderStart.Com Section to which such Content
was submitted, or, in the case of photos or graphics, solely for the purpose
for which such photo or graphic was submitted to the Service. This license
exists only for as long as you elect to continue to include such Content
on the Service and shall be terminated at the time you delete such Content
from the Service. (c) With respect to all other Content you elect to post
to other publicly accessible areas of the Service, you grant KinderStart.Com
the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content
(in whole or part) worldwide and or to incorporate it in other works in
any form, media, or technology now known or later developed.
9.
INDEMNITY
You
agree to indemnify and hold KinderStart.Com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, 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.
10.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that KinderStart.Com may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on KinderStart.Com
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 KinderStart.Com 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 KinderStart.Com reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that KinderStart.Com
reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE
KinderStart.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. You agree that KinderStart.Com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13.
TERMINATION
You
agree that KinderStart.Com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if KinderStart.Com believes that
you have violated or acted inconsistently with the letter or spirit of
the TOS. KinderStart.Com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that KinderStart.Com may immediately deactivate or delete your
account and all related information and files in your account and or bar
any further access to such files or the Service. Further, you agree that
KinderStart.Com shall not be liable to you or any third-party for any termination
of your access to the Service.
14.
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 KinderStart.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 the Service.
15.
LINKS
The
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because KinderStart.Com has no control over
such sites and resources, you acknowledge and agree that KinderStart.Com
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 KinderStart.Com 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.
16.
KinderStart.Com'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 copyrights, trademarks, service marks, patents or other
proprietary rights and laws protect information presented to you through
the Service or advertisers. Except as expressly authorized by KinderStart.Com
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. KinderStart.Com 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 KinderStart.Com for use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
AS IS AND AS AVAILABLE BASIS. KinderStart.Com 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.
b.
KinderStart.Com 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,
INFOR
MATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) 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
KinderStart.Com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT KinderStart.Com SHALL NOT BE
LIABLE
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 KinderStart.Com 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.
19.
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 OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
I
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase” Let the investor beware” is apt.
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
KinderStart.Com
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions made
based on such information.
21.
NOTICE
Notices
to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
22.
TRADEMARK INFORMATION
KinderStart.Com,
the KinderStart.Com Logo, KinderStart.Com
KinderStart.Com-
because kids don’t come with instructions. Tm
You
agree not to use any KinderStart.Com Marks without prior written permission.
23.
COPYRIGHTS and COPYRIGHT AGENTS
KinderStart.Com
respects the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide
KinderStart.Com'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
interest; a description of the copyrighted work that you claim has been
infringed a description of where the material that you claim is infringing
is located on the site; your address, telephone number, and email address;
a 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;
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 or act on the copyright owner's behalf.
24.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and KinderStart.Com and
govern your use of the Service, superceding any prior agreements between
you and KinderStart.Com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or
third-party
software. The TOS and the relationship between you and KinderStart.Com
shall be governed by the laws of the State of California without regard
to its conflict of law provisions. You and KinderStart.Com agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of S Los Angeles California. The failure of KinderStart.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. 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.
25.
VIOLATIONS
Please
report any violations of the TOS to KStartSupport@corporatecolo.com
