Terms and Conditions: the Kids Time, LLC
Acceptance of Terms; Electronic Agreement; Modification of Terms
You must be at least eighteen (18) years of age to register as a member of thekidstime.com or use the Web site. Membership at thekidstime.com is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you choose to set up an account at thekidstime.com, your account may be used only by you, the registered member/paid subscriber.
Modifications to the Site
thekidstime.com reserves the right to briefly modify or completely discontinue, restrict or block access to, the Site (or any part thereof) without notice. Further, thekidstime.com will not be liable to you or any third party for changes or modifications made to the Site.
Posting of Content
Representations and Warranties
You understand and agree that thekidstime.com may review and delete any content, messages, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of thekidstime.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
You also agree that you will review, maintain and correct any Content in a timely manner to maintain its accuracy and completeness. You agree to be liable for any content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable.
By posting Content to any public area of thekidstime.com, you automatically grant, and you represent and warrant that you have the right to grant, to thekidstime.com, its affiliates, licensees and successors, a, fully-paid, license to use, copy, perform, display, manipulate, modify and distribute such information and content. You further represent and warrant that public posting and use of your content by thekidstime.com m will not infringe or violate the rights of any third party
Ownership of Rights; License Rights
You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site. These rights will be subject to the rights that you grant to thekidstime.com as described in this Agreement.
At the exact moment you post any Content on the Site, you hereby grant thekidstime.com an open, unrestricted, royalty-free, openly transferable, non-exclusive license to use, modify or transmit, and create imitative works of the Content, in any form available. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any agreements in order to accomplish any right established in the Agreement. You agree that we may display your Content, and your identity as established (according to the preferences you select at the time that you register) along with your Content.
You may choose to remove or modify Content that you previously posted on the Site. If, before notice is given to thekidstime.com, thekidstime.com has created or had developed specific plans to create materials containing said Content for any purpose, then you agree that thekidstime.com may continue to use the materials containing such Content after you have removed or modified that Content. However, upon receipt of written notice asking that said Content not be used, we will use commercially reasonable efforts to cease displaying such materials.
INTELLECTUAL PROPERTY INFRINGEMENT
thekidstime.com respects the intellectual property rights of others, and we ask you to do the same. thekidstime.com may, in appropriate circumstances and at our discretion, terminate Services and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Kids Time, LLC designated agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Site, and information reasonably sufficient to permit the Kids Time, LLC to locate the material;
Information reasonably sufficient to permit the Kids Time, LLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Kids Time, LLC agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
The Kids Time, LLC
445 Godwin Ave, Suite 1
Midland Park, New Jersey 07432
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Content Prohibited on the Site
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be at thekidstime.com, sole and absolute discretion: (a) untrue, misleading, abusive, harassing, tortious, defamatory, or otherwise objectionable in any way; (b) infringing (alleged or actual) upon any party's intellectual property rights of any kind; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) previously undisclosed and unsolicited advertising; (e) computer viruses or any other code, programs or files designed to hamper, limit or corrupt any computer software or hardware; (f) data or information obtained through access that was not authorized by the owner; or (g) in violation of any applicable local, state, national or international law, regulation, or statute.
Conduct Prohibited on the Site
You agree not to do, or attempt to do, any of the following: (a) access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute; (b) use or access areas of the Site that you are not authorized to use or access; (c) alter or tamper with any Content of other users; (e) use any automated means not provided by thekidstime.com to access the Site or extract data or gather or use any information contained on the Site; (f) use any images obtained from the Site to make it appear as if we have endorsed you in any way unless expressly granted by thekidstime.com; (g) impersonate or misrepresent your affiliation with any person or entity; (h) do anything that might discover or unwind any part of the Site designed to circumvent safeguards employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); or (i) anything that might be deemed designed to hamper the effectiveness of the Site.
While thekidstime.com is under NO obligation whatsoever to monitor the Site Content in any way, thekidstime.com reserves the right to modify or remove any content at any time. Any statements, offers, or other information or content made available by any party, are those of the distributor(s) and not of thekidstime.com. thekidstime.com does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized thekidstime.com employees acting within the scope of their employment.
Rights of Site Content
Our site is protected by intellectual property laws and you agree to respect them. thekidstime.com grants you a limited, revocable, non-transferable, license, under the rights thekidstime.com has in the content, to privately display the content on your computer for personal, noncommercial purposes. thekidstime.com reserves all other rights in the Content and does not, directly or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated above, you may not reproduce or modify in any way the Content without prior written consent from thekidstime.com or the contributor of the Content or other third-party owner of the rights in that Content (if any).
Termination and Cancellation
Your access to the site is at-will. thekidstime.com at any time and at its sole discretion, with or without cause or any notice to you, terminate, modify or suspend these Terms as well as your access to the Site, and/or your Account. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.
If your access to the Site is terminated for any reason whatsoever, you will lose access to the Content you posted on the Site. Regardless of your status, thekidstime.com may continue to use any materials it has created, or developed plans to create, that contain such Content according to the terms contained in Section 5 with respect to removal or modification of Content previously posted on the Site.
Services Offered; Merchants
The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information contained in those advertisements or on those websites may or may not be completely accurate in all respects. Your use of the Site acknowledges that thekidstime.comis not responsible or liable for any the content or services offered from such sites or resources. thekidstime.com site. Please use any linked site at your own risk. thekidstime.com will not be responsible for any loss or damage incurred as the result of any dealings with merchants or advertisers found on or around the Site.
As a condition of your access to and use of the Site, you agree to hold thekidstime.com, its officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim, dispute or resolution arising out of or related to your access to and use of the Site and the content therein. Furthermore, you fully understand and agree that: (a) thekidstime.com will have the right but not the obligation to resolve or not resolve disputes between users relating to the Site; and (b) thekidstime.com resolution of a dispute will be final with respect to the Site.
Disclaimer of Warranties
THE SITE MAY CONTAIN INFORMATION THAT MAY BE PERCEIVED AS ADVICE, OPINIONS, INSTRUCTIONS OR STATEMENTS FROM thekidstime.com, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY thekidstime.com ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, thekidstime.com MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. thekidstime.com MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, thekidstime.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER thekidstime.com, the Kids Time, LLC. ., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF thekidstime.com AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
You acknowledge that thekidstime.com provides customer service at will and has no obligation to provide you with customer support, but may choose to do so at its sole discretion. We may change this at anytime with notice in our policy and procedures.
Notices and Contact Information
Except as otherwise provided in these Terms, thekidstime.com will give you any notices by posting them on the Site. You authorize thekidstime.com to send notices by any means it deems reasonable and necessary at its sole discretion. thekidstime.com may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by thekidstime.com to the address that you have most recently provided will constitute effective notice. You agree to send us any notice by mailing it to our address which is:
445 Godwin Ave
Midland Park NJ 07432
Agreement to Conduct Transactions Electronically.
To the fullest extent of the law, you agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us.
Compliance with Laws.
You are responsible for compliance with applicable local laws.
No Agency; No Third Party Beneficiary.
At no point are these Terms intended to create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationships between you and thekidstime.com. Neither party intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
These Terms (including terms incorporated) are not transferable, assignable to anyone without the express written permission of thekidstime.com. Any unauthorized attempt by you to assign, transfer or delegate these Terms will be null and void.
The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
These Terms (including terms incorporated into them) account for the entire agreement (the "Entire Agreement") between you and thekidstime.com with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
The failure of thekidstime.com to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or thekidstime.com right to act with respect to subsequent or similar breaches.
You will be brought to a web page that contains the registration form where you will be prompted to enter your information. By submitting your information, your name will be automatically entered into a random drawing for the Prize (defined below) from among all eligible entries received. All entries must be submitted at the Web Site, during the period that the Sweepstakes is being offered, according to all applicable directions as listed on the Web Site, or the entry will be void. Those who do not fill in all the required fields will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Sponsor (defined below) is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any portion of this Sweepstakes. One entry per person/family/household. This Sweepstakes is void where prohibited or restricted by law. The winner will be notified via telephone or e-mail. If a winner cannot be reached after a reasonable effort has been made during three (3) business days from Sponsor's first attempt, or if an entrant is found to be ineligible, an alternate winner may be selected. If any Prize or Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected.
Except where prohibited by law, by entering a Sweepstakes, each entrant consents to the use of his/her name, voice, picture, likeness and biographical data and/or any other information contained in his/her entry in advertising, promotional and marketing materials by thekidstime.com, The Sponsor and the Sponsor Affiliates without additional compensation, which may require, without limitation, winner to appear in person on a television, radio or Internet broadcast. In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed about the Sweepstakes. In connection therewith, all entrants grant full permission and consent to Sponsor and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby release Sponsor and the Sponsor Affiliates from all liability related thereto.
Neither Sponsor nor the Sponsor Affiliates make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose.