1. Terms of Service
These terms and conditions (“Terms”) govern your use of this Website; by using this Website, you accept these Terms in full and without reservation. If you disagree with these Terms and conditions or any part of these Terms and conditions, you must not use this Website.
You must be at least 18 [eighteen] years of age to use this Website. By using this Website and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.
If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at firstname.lastname@example.org.
- “Parties” - "You" and "your" refer to you, as a user of the Website and someone who accesses, browses, crawls, scrapes, or in any way uses the Website. “KidsVillage,” "we," "us," and "our" refer to kidsvillage.org
- “Website” – kidsvillage.org, all pages under this domain and mobile applications that link to or reference these Terms
- "Content" - means text, images, photos, audio, video, location data, and all other forms of data or communication.
- "Your Content" - means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile, for whatever purpose.
- "User Content" - means Content that users submit or transmit to, through, or in connection with the Website. "
- "Third Party Content" means Content that originates from parties other than Yelp or its users, which is made available in connection with the Website. "
- “Site Content" means all that we create and make available in connection with the Website, and all Content that is made available in connection with the Website, including Your Content, User Content, and Third Party Content.
- “Screenscraper” – program used for collection of visual data (PDF, MS Word, images, etc.) from Website, clicking links, entering and submission of data into web-forms, and Iterating through search results pages.
- “iFrame” – an HTML document embedded inside another HTML document on a website used to insert content from another source into Website.
- “Data Mining” - the process of analyzing data from different perspectives and summarizing it into correlations or patterns among various fields in large relational databases for whatever use.
- “Data Extraction” – process of analyzing and crawling through data to retrieve relevant information from Website in a specific pattern.
- “Data Harvesting” - gathering of data from numerous disparate databases into a single database from which it can be re-published in a unified manner.
- “Article Spinning” - a search engine optimization by which search engine optimizers post a unique version of relevant content on article directories, websites, or other sources for backlinks; and includes spinning Content by rewriting existing articles, or parts of articles, and replacing specific words, phrases, sentences, or even entire paragraphs with any number of alternate versions to provide a slightly different variation with each spin.
3. License to use Website
Unless otherwise stated, KidsVillage and/or its licensors own the intellectual property rights published on this Website and materials used on KidsVillage. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
4. Prohibited Use
You must not:
- republish material from this Website in neither print nor digital media or documents (including republication on another Website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- redistribute material from this Website - except for content specifically and expressly made available for redistribution*; or
- republish or reproduce any part of this Website through the use of – Scraping, Data Mining, Data Extraction, Data Harvesting, iFrames, Article Spinning, iFrames or Screenscrapers.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of KidsVillage or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this Website without KidsVillage's express written consent.
You must not use this Website or any part of it to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without the express written consent of KidsVillage.
*Where content is specifically made available for redistribution, it may only be redistributed within your organization.
5. Restricted access
Access to certain areas of this Website is restricted. KidsVillage reserves the right to restrict access to certain areas of this Website, or at our discretion, this entire Website. KidsVillage may change or modify this policy without notice.
If KidsVillage provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
KidsVillage may disable your user ID and password at KidsVillage's sole discretion without notice or explanation.
6. User content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by KidsVillage. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
6.1 Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant to KidsVillage a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KidsVillage the right to sub-license these rights, and the right to bring an action for infringement of these rights. You also irrevocably grant the users of the Website the right to access Your Content in connection with their use of the Website. Finally, you irrevocably waive, and cause to be waived, against KidsVillage and its users any claims and assertions of moral rights or attribution with respect to Your Content.
6.2 User Content Guidelines
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KidsVillage or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
KidsVillage reserves the right to edit or remove any material submitted to this Website, or stored on the servers of KidsVillage, or hosted or published upon this Website.
KidsVillage's rights under these Terms in relation to user content, KidsVillage does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
You represent that you have read and understood KidsVillage content guidelines outlined in this section.
7. No warranties
This Website is provided “as is” without any representations or warranties, express or implied. KidsVillage makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, KidsVillage does not warrant that: this Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
8. Limitations of liability
KidsVillage will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KidsVillage has been expressly advised of the potential loss.
You agree to indemnify, defend, and hold KidsVillage, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "KidsVillage Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Website, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Website, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. LIMITATION OF LIABILITY and DISCLAIMERS
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE Website. BY ACCESSING OR USING THE Website, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT WE MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE Website IS AT YOUR OWN DISCRETION AND RISK. THE YELP ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE Website, ITS SAFETY OR SECURITY, OR THE Website CONTENT. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.
WE DO NOT MAKE CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE WEBSITE OR THE WEBSITE 'S USERS. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE KIDSVILLAGE SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
WE DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
10.1 Reasonableness and Exceptions
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit the liability of KidsVillage in respect of any matter which it would be illegal or unlawful for KidsVillage to exclude or limit, or to attempt or purport to exclude or limit, its liability.
12. Other parties
You accept that, as a limited liability entity, KidsVillage has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KidsVillage's officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect KidsVillage's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KidsVillage.
13. Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
14. Breach of Terms
Without prejudice to KidsVillage's other rights under these Terms, if you breach these Terms in any way, KidsVillage may take such action as KidsVillage deems appropriate to deal with the breach, including but not limited to suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
KidsVillage may revise these Terms from time-to-time. Revised Terms will apply to the use of this Website from the date of the publication of the revised Terms on this Website. Please check this page regularly to ensure you are familiar with the current version.
KidsVillage may transfer, sub-contract or otherwise deal with KidsVillage's rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision will continue in effect.
18. Entire agreement
19. Law and jurisdiction
These Terms and conditions will be governed by and construed in accordance with the laws of California, USA, and any disputes relating to these Terms and conditions will be subject to the exclusive jurisdiction of the courts of Los Angeles, California, USA.