KidDotComs

KidDotComs Terms of Service

Welcome to KidDotComs!

1. Your relationship with KidDotComs

1.1 Your use of KidDotComs' products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by KidDotComs under a separate written agreement) is subject to the terms of a legal agreement between you and KidDotComs. "KidDotComs" means KidDotComs Inc., whose principal place of business is at P.O. Box 972, AL 35173, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by KidDotComs in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that KidDotComs will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with KidDotComs, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Language of the Terms

3.1 Where KidDotComs has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with KidDotComs.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Your passwords and account security

4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

4.2 Accordingly, you agree that you will be solely responsible to KidDotComs for all activities that occur under your account.

4.3 If you become aware of any unauthorized use of your password, account or profiles, you agree to notify KidDotComs immediately at http://www.kiddotcoms.com/account/abuse.

5. Privacy and your personal information

5.1 For information about KidDotComs' data protection practices, please read KidDotComs privacy policy at http://www.kiddotcoms.com/privacy. This policy explains how KidDotComs treats your personal information, and protects your privacy, when you use the Services.

5.2 You agree to the use of your data in accordance with KidDotComs' privacy policies.

6. EXCLUSION OF WARRANTIES

6.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 6 AND 7, SHALL EXCLUDE OR LIMIT KidDotComs' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

6.3 IN PARTICULAR, KidDotComs, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

6.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

6.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KidDotComs OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

6.6 KidDotComs FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

7.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 6.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KidDotComs, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH KidDotComs MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE KidDotComs WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

7.2 THE LIMITATIONS ON KidDotComs' LIABILITY TO YOU IN PARAGRAPH 7.1 ABOVE SHALL APPLY WHETHER OR NOT KidDotComs HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

8. Copyright and trade mark policies

8.1 It is KidDotComs' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to respond and comply as required in the event of any infringment.

8.2 KidDotComs may display trademarks (in the form of characters, logos and such) to assist children in working with and locating the content and sites they wish to visit. Those trademarks are the property of the their repsective owners and are only used in conjunction with links that lead to that content.

9. Other content

9.1 The Services may include hyperlinks to other web sites or content or resources. KidDotComs may have no control over any web sites or resources which are provided by companies or persons other than KidDotComs.

9.2 You acknowledge and agree that KidDotComs is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

9.3 You acknowledge and agree that KidDotComs is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

10. Changes to the Terms

10.1 KidDotComs may make changes to the Terms from time to time. When these changes are made, KidDotComs will make a new copy of the Universal Terms available at http://www.kiddotcoms.com/terms.

10.2 You understand and agree that if you use the Services after the date on which the Terms have changed, KidDotComs will treat your use as acceptance of the updated Terms.

11. General legal terms

11.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

11.2 The Terms constitute the whole legal agreement between you and KidDotComs and govern your use of the Services (but excluding any services which KidDotComs may provide to you under a separate written agreement), and completely replace any prior agreements between you and KidDotComs in relation to the Services.

11.3 You agree that KidDotComs may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

11.4 You agree that if KidDotComs does not exercise or enforce any legal right or remedy which is contained in the Terms (or which KidDotComs has the benefit of under any applicable law), this will not be taken to be a formal waiver of KidDotComs' rights and that those rights or remedies will still be available to KidDotComs.

11.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11.6 The Terms, and your relationship with KidDotComs under the Terms, shall be governed by the laws of the State of Alabama without regard to its conflict of laws provisions. You and KidDotComs agree to submit to the exclusive jurisdiction of the courts located within the county of Jefferson, Alabama to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that KidDotComs shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.