KidzRocket.com, Inc. Terms and Conditions
Terms of Use
INTRODUCTION
THE TERMS AND CONDITIONS (THE "TERMS") SET FORTH BELOW GOVERN YOUR USE OF THE KIDZROCKET
SOCIAL NETWORKING WEB SITE LOCATED AT WWW.KIDZROCKET.COM (THE "SITE") AND/OR PURCHASE
OF OUR PRODUCTS AND SERVICES (THE "PRODUCTS"). THESE TERMS ARE A LEGAL CONTRACT
BETWEEN YOU AND KIDZROCKET.COM, INC., AND GOVERN YOUR ACCESS TO, AND USE OF, THE
SITE AS WELL AS ANY RELATED PRODUCTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS,
DO NOT ACCESS OR OTHERWISE USE THIS SITE, PRODUCTS, OR ANY INFORMATION ON OR RELATED
TO THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH
OF THE TERMS SET FORTH BELOW. KIDZROCKET.COM MAY MAKE CHANGES TO THE CONTENT OFFERED
ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND KIDZROCKET.COM CAN CHANGE THESE TERMS
AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THIS SITE. YOUR CONTINUED
USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES
YOUR AGREEMENT TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE,
YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND
CHANGES.
THIS WEBSITE IS DESIGNED EXPRESSLY FOR PRE-TEEN CHILDREN. YOU MUST HAVE YOUR PARENT'S
OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND PRODUCTS, AS WELL AS HAVE PARENTS
OR LEGAL GUARDIANS READ AND AGREE TO THESE TERMS.
THE SUBSCRIBER SHALL REPRESENT, ACKNOWLEDGE AND AGREE THAT HE, SHE, OR YOU ARE THE
PARENT OR LEGAL GUARDIAN OF A USER, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE
PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND YOU HAVE QUESTIONS ABOUT THIS
SITE OR THESE TERMS, PLEASE CONTACT US THROUGH THE KIDZROCKET.COM CONTACT FORM.
USE OF CONTENT
The site is only for your personal, family, and pre-teen use. You may not use the
site for commercial purposes or in any way that is unlawful, or harms us or any
other person or entity.
All information, materials, functions and other Content (including Submissions,
as defined in Section 3, entitled "SUBMISSIONS") or Content contained on KidzRocket.com
are our copyrighted property or the copyrighted property of our licensors or licensees.
All trademarks, slogans, service marks, trade names, and trade dress are proprietary
to us and/or our licensors or licensees. We may change the KidzRocket.com site or
delete Content or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Content from any KidzRocket.com site
may be used, reproduced, transmitted, distributed or otherwise exploited in any
way other than as part of the KidzRocket.com site, not even as part of a derivative
work, except that where a KidzRocket.com site is configured to enable the download
of particular Content, you may download one copy of such Content to a single computer
for your personal, noncommercial home use only, provided that you (a) keep intact
all copyright and other proprietary notices, (b) make no modifications to, and do
not rent, lease, loan, sell, distribute, copy (except to create a single copy for
your own back-up purposes), or create any derivative works based on the site or
the Content, in whole or in part, and (c) do not use the Content in an unlawful
manner or in a manner that suggests an association with any of our products, services
or brands. Any business use, "re-mailing" or high-volume or automated use of KidzRocket.com
site is prohibited.
In the event that we offer downloads of software on a KidzRocket.com site and you
download such software, the software, including any files, images incorporated in
or generated by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us or third-party licensors for your limited,
personal, noncommercial home use only. We do not transfer title to the Software
to you. Except as permitted under applicable law, you may not distribute or otherwise
exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise
reduce the Software to a human-readable form, except to the extent permitted by
applicable law.
You acknowledge and agree that nothing in these terms of use shall have the effect
of transferring the ownership of any copyrights, trademarks, slogans, service marks,
trade names, trade dress or other proprietary rights in the site or Content or any
part thereof to you or any third party nor to authorize you to create derivative
works based on the Content. You undertake not to do any act or thing which is inconsistent
with or which is likely in any way to prejudice such title.
SUBMISSIONS Any such submissions, materials, Content, information, creative
works, demonstrations, ideas, questions, comments, answers, suggestions, concepts,
methods, systems, designs, plans, techniques or the like submitted by you to KidzRocket
via this website or by fax, mail, e-mail or otherwise, or transmitted, posted, or
uploaded by you to this website (collectively, "Your Submissions") will be treated
as non-confidential and nonproprietary, and KidzRocket will not assume any responsibility,
obligation, or liability for them or for KidzRocket's receipt or non-receipt of
them. KidzRocket may delete or destroy Your Submissions at any time. KidzRocket's
receipt of Your Submissions is not an admission by KidzRocket of their novelty,
priority, or originality, and it does not impair KidzRocket's right to contest existing
or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to KidzRocket.com, you grant KidzRocket.com
and KidzRocket.com, Inc., a non-exclusive, royalty-free, worldwide, perpetual, irrevocable,
and fully transferable, assignable and sub-licensable right and license to copy,
reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute,
sell, license, publicly perform, prepare derivative works based upon, and otherwise
use or exploit Your Submissions throughout the world in any and all media. You represent
and warrant that: (a) you have the right and authorization to make the foregoing
grant without the consent of any third party, and (b) Your Submissions are accurate
and, as permitted to be used by KidzRocket in this User Agreement, do not and will
not infringe any right of any third party. When you send e-mail to us, you are communicating
with us electronically and you consent to receive communications from us electronically.
Furthermore, you agree that all agreements, notices, disclosures, and other communications
that we provide to you electronically, via the KidzRocket.com website or otherwise,
satisfy any legal requirement that such communications be in writing.
LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and
other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable (in whole or part) worldwide license for an indeterminate
period (or for such maximum period permitted by applicable law) under all copyrights,
trademarks, patents, trade secrets, privacy and publicity rights and other intellectual
and industrial property rights you own or control to use, reproduce, transmit, display,
exhibit, distribute, index, comment on, modify (including removing lyrics and music
from any Submission or substituting the lyrics and music in any Submission with
music and lyrics selected by us), create derivative works based upon, perform and
otherwise exploit such Submissions, in whole or in part, in all media formats and
channels now known or hereafter devised (including on KidzRocket.com site, on third
party web sites, on our broadband and wireless platforms, products and services,
on physical media, or in theatrical release, for any and all purposes including,
without limitation, entertainment, news, advertising, promotional, marketing, publicity,
trade or commercial purposes, all without further notice to you, with or without
attribution, and without the requirement of any permission from or payment to you
or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and
your communication thereof conform to the Rules of Conduct (set forth below in Section
7 labeled "RULES OF CONDUCT") and other requirements of these terms of use and that
you own or have the necessary rights, licenses, consents and permissions, without
the need for any permission from or payment to any other person or entity, to exploit,
and to authorize us to exploit, such Submission in all manners contemplated by these
terms of use (including the Submissions License). These terms of use (including
the Submissions License) do not limit any past or future grant of rights, consents,
agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions you Distribute on or through KidzRocket.com site
contain original songs or recordings, you hereby represent that you are a member
of ASCAP, BMI, SESAC or other applicable mechanical, performing rights and/or copyright
owners' society and that all musical compositions (including lyrics) and sound recordings
contained in such Submissions are available for licensing to us (and our licensees,
distributors, agents, representatives and other authorized users) directly from
such societies. Notwithstanding the foregoing, regardless of whether you are a member
of any performing rights society, you grant the Submissions License with respect
to each and every musical composition (including lyrics) and sound recordings contained
in such Submissions.
To the extent that we solicit Submissions through features or activities on or through
KidzRocket.com site (including games and Public Forums (defined below in Section
6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted
works (in whole or in part), we hereby grant you a non-exclusive license to create
a derivative work using our copyrighted works (in whole or in part) as required
(but only as required, and only for the purpose of creating your Submissions); provided
however, that such license shall be conditioned upon your assignment of all rights
in the work you create to us. If such rights are not assigned to us, your license
to create derivative works using our copyrighted works (in whole or in part) shall
be null and void. You agree to the foregoing grant of rights, consents, agreements
and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any
document and/or do any act which might be necessary to confirm the grant of rights,
consents, agreements, assignments and waivers set forth in these terms of use.
You agree that any Submissions you make are not being made in confidence or trust
and that no confidential or fiduciary relationship is intended or created between
you and us in any way, and that you have no expectation of any review, compensation
or consideration of any type.
To the extent any "moral rights," "ancillary rights," or similar rights ("Moral
Rights") in or to the Submissions exist and are not exclusively owned by us and
to the extent you are able to do so under applicable law, you agree not to enforce
any such rights as to us or our licensees, distributors, agents, representatives
and other authorized users, and you shall procure the same agreement not to enforce
from any others who may possess such rights. To the extent such an agreement is
unenforceable, you hereby give a Moral Rights Consent. To the extent any other person
has Moral Rights in or to the Submission, you must obtain a Moral Rights Consent
from that person and provide it on request to KidzRocket.com, Inc. "Moral Rights
Consent" means a waiver of moral rights to the maximum extent permitted by applicable
law and an unconditional consent to any act or omission in relation to the Submissions
by or on behalf of BizRocket.com, Inc. and, or KidzRocket.com or any licensee or
subsequent owner of copyright in the Submissions, including an act or omission which
would, but for these terms of use, infringe your moral rights.
Without limiting the scope of the Submissions License or any future grant of rights,
consents, agreements, assignments, and waivers you may make with respect to Submissions,
and to the extent allowed by applicable law, you hereby ratify any prior grant of
rights, consents, agreements, assignments and waivers made by you with respect to
Submissions submitted by you to us.
ACCOUNTS
Some services on the KidzRocket.com site permit or require you to create an account
to participate or to secure additional benefits. You agree to provide, maintain
and update true, accurate, current and complete information about yourself as prompted
by our registration processes (the "Registration Data"). You shall not impersonate
any person or entity or misrepresent your identity or affiliation with any person
or entity, including using another person's username, password or other account
information, or another person's name, likeness, voice, image or photograph. You
also agree to promptly notify management at KidzRocket.Help@kidzRocket.com of any
Billing/Membership Questions of any unauthorized use of your username, password,
other account information, or any other breach of security that you become aware
of involving or relating to the KidzRocket.com site. In addition, you agree to exit
from your account at the end of each session.
Subject to applicable law, we may suspend or terminate your account and your ability
to use any KidzRocket.com site or portion thereof for failure to comply with these
terms of use or any special terms related to a particular service, for infringing
copyright, or for any other reason whatsoever.
PUBLIC FORUMS AND COMMUNICATION
KidzRocket may offer various community features on this Website, such as message
or bulletin boards, forums, and chat rooms. In such events, unless otherwise expressly
stated by KidzRocket in connection with a particular feature, KidzRocket will not
assume any obligation to monitor, filter, censor, edit, or regulate information
or Content provided by you or third parties on this website, although KidzRocket
reserves the right to do so in its sole discretion in connection with any service
or feature. In particular, KidzRocket may, in its sole discretion, record or store
communications submitted by you through messages or bulletin boards, forums and
chat rooms, and may monitor, filter and review such communications for the purpose
of monitoring Content and enforcing website rules and to investigate and detect
unauthorized use of the website. KidzRocket does not endorse, warrant the accuracy
or reliability of, or assume any liability in connection with any such information
or Content provided by users or other third parties.
As to any information or Content that you submit or post to this website, you represent
and warrant to KidzRocket that you have the right and authorization to do so without
the need for additional permissions or consent of any third party. In addition to
any other rules, guidelines or regulations that we may post in connection with a
particular service or feature, you agree that you shall not:
9.upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make
available any Content, language or materials that are fraudulent, unlawful, defamatory,
obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent,
threatening, abusive, violent, illegal, rude, harassing, or otherwise improper,
or that violates any applicable domestic or international law, or government regulation
(including, without limitation, those of any state, foreign country, securities
exchange, the S.E.C., and the F.C.C.);
contain software viruses, worms, or any other computer code or portions of code,
programs, or files designed to interfere with, interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications or other
equipment or to cause a security breach of such software, hardware, or other equipment;
upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make
available any unsolicited or unauthorized advertising, promotional materials, spam,
junk mail, chain letters, pyramid schemes, or any other form of commercial or political
solicitation, except in those areas of the website that we may expressly designate
for such purposes;
engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or
other pyramid scheme
disguise the origin of any Content uploaded to, posted on, transmitted, or otherwise
made available on or through the website, including, without limitation, by forging
headers, providing inaccurate intellectual property notices, or otherwise manipulating
identifiers;
impersonate any person or entity, whether actual or fictitious, including, without
limitation, a KidzRocket official, employee or representative, or falsely state
or otherwise misrepresent your affiliation or association with, sponsorship by,
or connection to, any person or entity, including, without limitation, by using
logos, names, trademarks, service marks, meta tags, addresses, symbols, or other
identifiers that you do not have the legal right to use;
modify, obscure, or eliminate the KidzRocket frame set, banner advertising, if any,
or any other Content or information that originates from KidzRocket;
attempt to harm minors in any way;
promote, encourage or provide instructions or information about how to engage in
illegal conduct or commit illegal activities, promote physical harm or bodily injury,
or promote any illegal act of cruelty to animals. This includes, but is not limited
to, providing instructions on how to assemble bombs and any other weapons, and creating
Crush websites;
collect or harvest screen names, collect or store personal data about other users,
or solicit or attempt to discover a user's password, screen name, or other registration
information without the user's express knowledge and consent;
interfere with or disrupt the Website or any services or features thereon, or servers
or networks connected to the Website, or violate any requirements, policies, regulations,
or procedures of networks connected to the website;
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;
provide links to websites, networks, Content, or resources that themselves violate
the letter or spirit of this User Agreement, or promote the violation of this User
Agreement or make available tools or information whose primary use constitutes a
violation of the letter or spirit of this User Agreement;
use your web pages or other personal features or areas of the website as storage
for remote loading or as a door or signpost to another web page, whether inside
or outside a KidzRocket website; or
interfere with the operation or design of any elements that KidzRocket may add to
users' pages or other personal features or areas of the website, including, without
limitation, toolbars, advertising banners, watermarks, logos, or other messages
of any kind.
KidzRocket reserves the right, in its' sole discretion, to adopt and post additional
rules in any community area and to condition access to any such community features
by any individual or group in accordance with age, geographic, or other criteria,
to deny or restrict access by any individual or group who fails to meet that criteria
or by anyone who fails to comply with our criteria or rules at any time, and to
change or modify the criteria or rules at any time. KidzRocket also reserves the
right (but does not assume any obligation), in its sole discretion, to delete any
postings, messages or other Content on this Website that violate this User Agreement
and to deny access by any user to this Website.
You may be able to create an account on our Website with a username and password.
PLEASE REMEMBER TO MAKE UP A USERNAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY.
You are responsible for maintaining the strict confidentiality of your account password,
and you shall not share your password with anyone else, nor allow others to use
your username, password or other account information, except for your parent or
legal guardian.
RULES OF CONDUCT The following Rules of Conduct apply to the KidzRocket.com
site. By using the KidzRocket.com site, you agree that you will not Distribute any
Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of
privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them, including a Submission that is, or represents
an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking
in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft,
or conspiracy to commit any criminal activity; infringes or violates any right of
a third party including: (a) copyright, patent, trademark, trade secret or other
proprietary or contractual rights; (b) right of privacy (specifically, you must
not distribute another person's personal information of any kind without their express
permission) or publicity; or (c) any confidentiality obligation; is commercial,
business-related or advertises or offers to sell any products, services or otherwise
(whether or not for profit), or solicits others (including solicitations for contributions
or donations); contains a virus or other harmful component, or otherwise tampers
with, impairs or damages the KidzRocket.com site or any connected network, or otherwise
interferes with any person or entity's use or enjoyment of the KidzRocket.com site;
or (a) does not generally pertain to the designated topic or theme of the relevant
Public Forum; (b) violates any specific restrictions applicable to a Public Forum;
or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms are commonly understood and
used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing
Rules of Conduct or any other provisions of these terms of use, and, as between
you and us, you hereby assume all risk of harm or injury resulting from any such
lack of compliance.
COOPERATION; REMOVAL OF SUBMISSIONS
Without prejudice to any of our other rights under these terms of use or at law,
we reserve the right, but disclaim any obligation or responsibility, to (a) refuse
to post or communicate or remove any Submission from any KidzRocket.com site that
violates these terms of use (including the Rules of Conduct) and (b) to the extent
we are able to do so under applicable law, identify any user to third parties, and/or
disclose to third parties any Submission or personally identifiable information,
when we believe in good faith that such identification or disclosure will either
(i) facilitate compliance with laws, including, for example, compliance with a court
order or subpoena, or (ii) help to enforce these terms of use (including the Rules
of Conduct) and/or game rules, and/or protect the safety or security of any person
or property, including any KidzRocket.com site. Moreover, we retain all rights to
remove Submissions at any time for any reason or no reason whatsoever.
DISCLAIMERS
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO KIDZROCKET.COM
SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY KIDZROCKET.COM SITES
IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE,
THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY KIDZROCKET.COM SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM
AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES
(INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY
RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS
WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Furthermore, the Content is not intended to be a substitute for professional medical
advice. Always seek the advice of your physician with any questions you may have
regarding a medical condition. If you think you may have a medical emergency, call
your doctor or the applicable local emergency service immediately. Reliance on any
information appearing on a KidzRocket.com site is strictly at your own risk.
KidzRocket.com site may contain the opinions and views of other users. Given the
interactive nature of these sites, we cannot endorse, guarantee, or be responsible
for the accuracy, efficacy, or veracity of any Content generated by our users.
The Content of KidzRocket.com site are intended for educational and entertainment
purposes only. Such Content is not intended to, and do not, constitute legal, professional,
medical or healthcare advice or diagnosis, and may not be used for such purposes.
Always seek the advice of your physician or other qualified health provider with
any questions you may have regarding a medical condition. You should not act or
refrain from acting on the basis of any Content included in, or accessible through,
the KidzRocket.com site without seeking the appropriate legal or other professional
advice on the particular facts and circumstances at issue from a lawyer or professional
licensed in the recipient's state, country or other appropriate licensing jurisdiction.
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s),
and your account(s), as well as all activities that occur under your account(s).
You hereby agree to indemnify, defend, and hold us, our group undertakings and our
group undertakings' licensors, licensees, distributors, agents, representatives
and other authorized users, and each of the foregoing entities' respective resellers,
distributors, service providers and suppliers, and all of the foregoing entities'
respective officers, directors, owners, employees, agents, representatives and assigns
(collectively, the "Indemnified Parties") harmless from and against any and all
losses, damages, liabilities and costs (including settlement costs and any legal
or other fees and expenses for investigating or defending any actions or threatened
actions) incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these terms of use or claims arising from your use of
the KidzRocket.com site and/or your account(s). You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the right, at our own
expense, to employ separate counsel and assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY
FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION
OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY
APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES,
OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS
OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY
(INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM
(A) THE USE OF, OR THE INABILITY TO USE, ANY KIDZROCKET.COM SITE OR CONTENT, OR
(B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A KIDZROCKET.COM
SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER
IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY KIDZROCKET.COM
SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR
LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE
IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR
CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO KIDZROCKET.COM
SITE OR CHANGE THE KIDZROCKET.COM SITE OR DELETE CONTENT OR FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE
TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION
DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
JURISDICTIONAL AND VENUE ISSUES
Subject to the requirements of applicable consumer rights and other laws, you agree
that any action at law or in equity arising out of or relating to these terms of
use or the KidzRocket.com site shall be filed, and that venue properly lies, only
in state or federal courts located in Broward County, in the State of Florida, United
States of America, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. We make no representation
that Content on any KidzRocket.com site is appropriate or available for use in any
particular location. Those who choose to access a KidzRocket.com site do so on their
own initiative and are responsible for compliance with all applicable laws including
any applicable local laws.
AMENDMENT
Subject to applicable law, at any time, we may amend these terms of use (including
by modification, deletion and/or addition of any portion thereof). If we make a
material amendment to these terms of use, we will notify you of such amendment by
sending you an e-mail at the last e-mail address that you provided us, and/or by
posting notice of such amendment on the Website(s) covered by these terms of use.
Any such amendment to these terms of use will be effective thirty (30) calendar
days following either our dispatch of an e-mail notice to you or our posting of
notice of the changes on the Website(s). Please note that, at all times, you are
responsible for updating your personal information to provide us your current e-mail
address. In the event that the last e-mail address that you have provided us is
not valid, or for any other reason is not capable of delivering to you the notice
described above, our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of any amendment described in the notice.
TERMINATION
These terms of use are effective until terminated by either you or us. You may terminate
these terms of use at any time by discontinuing use of the site and destroying all
materials obtained from the site and all related documentation and all copies and
installations thereof, whether made under these terms of use or otherwise.
We may immediately terminate these terms of use with respect to you (including your
access to the site, other KidzRocket sites, and any and all related KidzRocket sites)
in our absolute discretion including, without limitation, if you breach or fail
to comply with any material term or provision of these terms of use. Upon termination,
you must cease use of the site and destroy all materials obtained from the site
and all copies thereof, whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances, of the accounts of users who are repeat infringers of copyright.
Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination
of your account, at our sole discretion, and you may be reported to appropriate
law-enforcement agencies.
GENERAL PROVISIONS
If any provision of these terms of use shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these terms of
use and shall not affect the validity and enforceability of any remaining provisions.
These terms of use take effect as an agreement and separately as a notice which
limits the basis on which BizRocket.com, Inc., makes the KidzRocket.com site available.
No waiver of any provision of these terms of use by us shall be deemed a further
or continuing waiver of such provision or any other provision, and our failure to
assert any right or provision under these terms of use shall not constitute a waiver
of such right or provision. In these terms of use, the word "including" is used
illustratively, as if followed by the words "but not limited to." TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING
OUT OF OR RELATED TO THESE TERMS OF USE OR ANY KIDZROCKET.COM SITE MUST COMMENCE
WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER
THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY
BARRED.
Supply of goods, services and software through KidzRocket.com site is or may be
subject to United States export control and economic sanctions requirements. By
acquiring any such items through KidzRocket.com site, you represent and warrant
that your acquisition comports with and your use of the item will comport with those
requirements. Without limiting the foregoing, you may not acquire goods, services
or software through KidzRocket.com site if: 1) you are in, under the control of,
or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are
on the United States of America Treasury Department's Specially Designated Nationals
List or the United States of America Commerce Department's Denied Persons List,
Unverified List or Entity List or 2) you intend to supply the acquired goods, services
or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident
of one of these countries) or to a person on the Specially Designated Nationals
List, Denied Persons List, Unverified List or Entity List.
CLAIMS OF COPYRIGHT INFRINGEMENT
KidzRocket will respond appropriately to notices of alleged copyright infringement
that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth
below, or other applicable laws. If you own copyrights in a work and believe that
your intellectual property rights in that work have been infringed by an improper
posting or distribution of it via this Website, then send us a written notice that
includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed;
10.the URL of the site and a description of where the material that you claim is
infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing
material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information
in your notice is accurate, and that you are the copyright owner (or, if you are
not the copyright owner, then your statement must indicate that you are authorized
to act on the behalf of the owner of an exclusive right that is allegedly infringed);
and,
(vii) your electronic or physical signature.
KidzRocket will only receive DMCA notices by mail, e-mail, facsimile, or by mail
at the addresses below:
By Mail:
KidzRocket.com, Inc.
1440 Coral Ridge Dr. Suite 214
Coral Springs, FL 33071-5433
Attention: Vice President, Legal & Business Affairs
By E-Mail:CopyrightInfringementNotice@KidzRocket.com
By Facsimile:1-954-757-6613
KidzRocket.com, Inc., may elect to not respond to DMCA notices that do not comply
with all of the foregoing requirements, and KidzRocket.com, Inc., may elect to remove
allegedly infringing material that comes to its attention via notices that do not
comply with the DMCA.
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