KidzVuz Terms of Service
Last Updated on: June 28, 2013
Every place kids go has rules. No standing on the school bus; no running near the pool; no aliens in the attic. (Well, maybe not that last one!) KizVuz has rules, too.
Welcome to KidzVuz! Please read our Terms of Service below with your parents or guardians and be sure to follow our rules, especially:
• No bad language
• No inappropriate videos
• No unkind comments about other KidzVuz members or reviews
We watch every video before it is made public to make sure it’s appropriate and doesn’t break any of our rules. We also read every comment before it’s posted to make sure no one is using bad words or saying mean things to another member. None of that should ever be on KidzVuz. If another user has posted a comment that breaks our rules, let us know by emailing us at email@example.com and we’ll take it down.
1. KidzVuz is meant for kids. If you’re not a kid, go find your own review site! KidzVuz is the place where kids can have their say.
2. You need permission from your parents or guardians to use KidzVuz.
3. You need to read and discuss these Terms of Service with your parents or guardians before getting started using KidzVuz.
4. KidzVuz never tells kids what to say in their videos or write in their reviews. No one else should be telling you what to say either, so you cannot post videos or write reviews about a product if a company is paying you or giving you free stuff to do so. When you post a review on KidzVuz, you promise that the words you use and opinions you share are your own.
5. When you post reviews on KidzVuz, we may decide to use them on our site,on our YouTube Channel, on a brand’s site or social media channel, or in a commercial or advertisement. Once you post a video or review on the site, you agree that we can use it in any way we want, anywhere, forever and ever. We might make it shorter, edit it, or add titles. We promise to do our absolute best never to do anything with your image or words that would make you feel unsafe.
Read this entire agreement with your parents or guardians and make sure you understand how to be a member of the KidzVuz community and follow our rules.
NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.
The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Web sites. Below we explain how we do that for these children. Also, when we use the term “parent” below, we mean to include legal guardians.
IT IS VERY IMPORTANT THAT YOU UNDERSTAND AND FOLLOW THESE RULES AND DISCUSS THEM WITH YOUR PARENTS.
The following terms and conditions constitute a legal agreement between KidzVuz, LLC (“KidzVuz”, “we,” or “us”), the operator of www.KidzVuz.com (the “Site”), and the parents and children who access the Site (“You”). “Child” or “children” as used herein refers to users under 13 years of age. This agreement (the “Terms of Service”) governs your use of the Site, both as a casual visitor and as a registered user. The target audience for KidzVuz is for children and their parents, and KidzVuz is intended for children and their parents to use together. If you are under 18 years old, by using this KidzVuz you certify that your parents have consented to your use of KidzVuz and to the Terms of Service on your behalf, and you acknowledge and agree that your use of KidzVuz is at their discretion. Until you are 18 years old, your parents may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability. The Site and all content we offer on the Site is referred to herein collectively as the “Services.” For children, we require verifiable parental consent prior to the child’s use of our Services (see “Parental Consent” section herein). IF YOU ARE A PARENT AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF HIS/HER USE OF THE SERVICES.
1. Parental Consent
Parents may register their children to use our Services by printing out and signing our Consent Form( http://www.kidzvuz.com/wp-content/uploads/2013/06/COPPAparentletter.pdf )- and either
- Mailing the form to KidzVuz LLC, 157 Columbus Ave 4th Floor, NY NY 10023
- Faxing it to us at 1-801 730 9006 or scanning or
- Emailing lit back to us at: firstname.lastname@example.org
Children may not use the Services before we receive and process this verifable parental consent. If we determine that a user of our site is younger than 13 and we have not received a Consent Form from this child’s parent, we will take steps to delete all Posted Content (as defined herein) posted by the user and take reasonable measures to delete all stored user information about this child, in compliance with applicable laws.
2. About the Services
KidzVuz is an online destination where kids can go to get the latest buzz on toys, games, books, movies, television shows, and other products directly from other kids. The content on the Services is viewable without registering with us, but to actively participate in the Services, you must register as a member.
3. Changes to the Terms of Service
4. Ownership and Intellectual Property Rights
KidzVuz, LLC is the sole owner of all information collected on KidzVuz.com.KidzVuz, its subsidiaries, affiliated companies, distributors, vendors, contractors and/or licensors (collectively, the “KidzVuz Parties”) are the owners or licensees of all content and materials on the Services (“Site Content”), and of all related intellectual property rights, including without limitation all copyrights, moral rights, trademark rights, patent rights trade secret rights and other proprietary rights protected by laws and international treaties. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials on the Services, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site. Site Content does not include Posted Content, as defined herein. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain KidzVuz’s proprietary information. We give you permission to use the Services for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store Site Content from the Services for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, the KidzVuz Parties do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by KidzVuz to you are retained by KidzVuz.
5. Content You Post or Submit; License Grant; Right to Monitor and Editorial Control
You may access, browse and use the Services and Site Content only for your personal, non-commercial use, on a single computer, mobile phone or other Internet-compatible device to enable you to use the Services. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content.
Certain features of the Services may allow members the opportunity to upload, submit, post, publish, communicate, display or otherwise distribute and/or transmit text, messages, videos, audiovisual works, their likenesses, voices, usernames, appearances, performances and/or other biographical information or material, and/or other similar materials on or through the Services (hereinafter, “Posted Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Services, by e-mail or in any other way. We reserve the right to remove any Posted Content on the Services in our sole discretion. We are not, however, responsible for any failure or delay in removing Posted Content. Likewise, by accepting or allowing you to provide Posted Content to the Services, KidzVuz is not obligated to use, display or make available to the public Posted Content, and we reserve the right not to do so for any reason in our sole discretion. If you have a question as to why your Content was not published on the Services or was removed from the Services, please contact us at members(at)kidzvuz(dot)com.
These Terms of Service are in addition to the Uploading Agreement you are required to execute upon submitting Posted Content to KidzVuz, which is expressly incorporated herein by reference. By providing Posted Content to us, you: (i) represent and warrant that Posted Content is original to you, that you own or otherwise control all of the rights in Posted Content, or that you have the rights necessary to grant to us the license to Posted Content granted below, and that Posted Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Posted Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Posted Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iii) indemnify and hold harmless us and the KidzVuz Parties from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Services, Posted Content or its posting on, or submission to, the Services, and/or your violation of these Terms of Service or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Posted Content, and we may remove Posted Content from the Services at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Services or through the features on the Services by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms of Service or applicable law, or for any other reason, all without notice or liability.
6. Prohibited Conduct
Posted Conduct Guidelines. Posted Content cannot feature products which are likely to be deemed unsuitable for a consumer audience of children between the ages of 7 and 12 or products for which there is likely to lack a consumer interest among children of such ages (“Unqualified Products”) as determined in the sole, absolute and unfettered discretion of KidzVuz. Such Unqualified Products may include, but are not limited to: prescription medicines, firearms, alcohol or tobacco, contraceptives, and other products legally or typically reserved for adult only use.
You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you warrant and agree that while accessing or using the Services you shall not (and you agree not to allow any third party to):
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Services, the KidzVuz Parties or otherwise affiliated with us, and you may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by KidzVuz;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, branding or other promotional content into any Site Content, or remove notices of any copyright, trademark or other proprietary rights contained in or on the Services or in any content or other material obtained via the Services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services through any means, including through means not intentionally made publicly available or provided through the Services;
• provide or use tracking or monitoring functionality in connection with the Services, including, without limitation, to identify other users’ views, actions or other activities;
• engage in activity that involves the use of viruses, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or network;
• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
• use the Services or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers;
• use the Services in violation of our intellectual property or other proprietary or legal rights of rights of the KidzVuz parties or of any third party;
• use the Services in violation of any applicable law;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Services, including reformatting or framing any portion of the web pages that are part of the Services;
• post, transmit, publish or otherwise disseminate through the Services any Posted Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of any of the KidzVuz Parties or any of their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner;
• provide any Posted Content that is unlawful or that promotes or encourages illegal activity;
• purposely provide any false or misleading information in Posted Content, and you agree that you you will only provide Posted Content that reflects the true, accurate and honest opinions and beliefs of the individual expressing them;
• provide any Posted Content that contains an expression of opinion about a product if the individual(s) expressing such opinion are not bona fide users of the product;
• accept payment or anything of value from a third party in exchange for your performing any commercial activity in connection with the Services on behalf of that party;
• provide any Posted Content concerning a product or service if you or anyone featured in the Posted Content are in any way affiliated with a person or entity that sells, distributes, or is otherwise affiliated with the product or service being reviewed, or with any person or entity whose products or services compete with the product or service featured in the Posted Content; and
• provide any Posted Content concerning a product or service if you or anyone featured in the Posted Content was compensated or otherwise personally enriched, directly or indirectly, for the Posted Content or for the opinions expressed therein.
Please choose your Posted Content carefully. The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Services. KidzVuz reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the membership, blocking use of the Services by such violators, and /or reporting such content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, content that, in the sole discretion of KidzVuz:
• is false or intentionally misleading;
• involves the transmission of unsolicited mass mailing or “spamming”;
• is threatening, obscene, defamatory or libelous;
• is pornographic or sexually explicit in nature;
• contains profanity, nudity, violence, obscene language or is otherwise patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• solicits or is designed to solicit personal information from anyone under 18;
• publicly posts information that poses or creates a privacy or security risk to any person;
• solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• involves commercial activities and/or sales without prior written consent from KidzVuz, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph or video of another person that you have posted without that person’s consent or the legal capacity to consent on their behalf;
• violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
In addition to our rights under these Terms of Service, KidzVuz reserves the right to terminate the account of any member who engages in any of the foregoing or for any other reason in its sole discretion. KidzVuz may take any appropriate legal action, including, without limitation, referral to law enforcement, and to implement any technical remedies, including, without limitation, to terminate the account of any member and confiscate any and all badges and other virtual currency accumulated by the member to prevent the violation of this provision and to enforce the Terms of Service.
As part of the registration process, you will create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing the Services that are only available to members. You warrant that all information provided during registration process is accurate and complete. You are entirely responsible for maintaining the confidentiality of your Credentials. You are prohibited from using the account, username, email address or password of another member at any time and from allowing anyone else to use your account. If at any time you suspect any unauthorized use of your account, you agree to notify KidzVuz immediately by emailing us at: members(at)kidzvuz(dot)com. You are solely responsible for any and all use of your account. Children under age 13 may not use the Services until we receive and process a Consent Form as described in the “Parental Consent” section herein. We reserve the right to terminate your Credentials or to refuse to grant access to the Services, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your Credentials and remove your Posted Content from the Services. You have the right to cancel your Credentials at any time by following the instructions provided on the Services. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms of Service, may not be reactivated.
8. Your Personal Information
9. Personal Profiles
Upon registration with KidzVuz, each member will receive a personal profile page on the Services, which will feature all of the Posted Content that the member has submitted and which is featured on the Services, along with any special badges that the member has earned through his or her participation on the Services. KidzVuz may offer other features for further customization of member profile pages from time to time, as it determines in its sole discretion.
10. Changes to the Services
We may from time to time add new services to the Services, substitute a new feature or service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new features will be included on the Services, and the users of new services or features will be governed by the Terms of Service. You agree that KidzVuz will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
11. Links to Other Sites
12. Linking to the Site
You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
13. Additional Terms and Conditions
Certain of the Services, such as the uploading and/or submission of content to be posted on the Services, may have additional terms, such as policies, guidelines, and rules, that will further govern your use of that particular Service and supplement the Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions (for example, the Uploading Agreement) at that time. By using those Services, you agree to comply with such additional guidelines and rules.
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to KidzVuz shall become the property of KidzVuz or its designee. KidzVuz will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, KidzVuz will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not KidzVuz, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
15. Promotions, Contests, Surveys and Sweepstakes
16. Copyright Dispute Policy
KidzVuz respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is KidzVuz’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been copied and posted on or through the KidzVuz services in a way that constitutes copyright infringement, please send the KidzVuz Copyright Agent a notification of claimed infringement with all of the following information:
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the KidzVuz site (providing the URL(s) of the claimed infringing material satisfies this requirement);
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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 notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature. KidzVuz’s Copyright Agent for notification of claimed infringement can be reached as follows: info(at)kidzvuz(dot)com.
If you believe that your Posted Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Posted Content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KidzVuz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KidzVuz’s sole discretion
17. Foreign Counter-Notification
If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Services is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Services infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
18. Warranty Disclaimers
We administer, control and operate the Site from our offices in New York State, the United States of America. The Services are accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Services and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Services may not be legal in your jurisdiction. If you choose to access, browse or use the Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Services to any person and geographic area. Any offer for any feature or function made on the Services is void where prohibited.
The Services provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Services.
Some Site Content is provided by the users of the Services. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Services or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content or Posted Content.
The Services are provided “AS-IS,” with “ALL FAULTS” and “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SERVICES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SERVICES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SERVICES OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR CREDENTIALS AND DISCONTINUE ALL USE OF THE SERVICES.
19. General Limitation of Liability
IN NO EVENT SHALL KIDZVUZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE KIDZVUZ SERVICES OR LINKED SERVICES, EVEN IF KIDZVUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. KIDZVUZ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO KIDZVUZ FOR THE KIDZVUZ SERVICES DURING THE TERM OF MEMBERSHIP OR (B) $100.
20. Posted Content Disclaimer
Posted Content may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms of Service and/or Uploading Agreement, and KidzVuz assumes no responsibility or liability for Posted Content. KidzVuz makes no warranties, express or implied, as to the Posted Content or the accuracy and reliability opinions expressed therein. KidzVuz does not endorse the opinions, recommendations, or advice expressed in or by Posted Content. KidzVuz further assumes no responsibility for monitoring the Site and/or the Services. If at any time KidzVuz chooses, in its sole discretion, to monitor the Site or the Services, KidzVuz nonetheless assumes no responsibility for Posted Content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the member submitting any such Posted Content. In addition, KidzVuz is not responsible for any damage, injury or loss caused by users of the Site or the Services.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
22. Electronic Contracting and Notice
Your affirmative act of using and/or registering for the Site or the Services constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.
23. Entire Agreement
24. Choice of Law and Dispute Resolution
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over KidzVuz, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and KidzVuz that arises in whole or in part from the Service shall be decided exclusively by final and binding arbitration to be conducted by an arbitration tribunal in Manhattan County, in the City of New York, in the State of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
© 2013 KizVuz, LLC – All rights reserved.