TERMS OF USE
Effective Date: March 19th, 2018
ACCEPTANCE OF TERMS
By using Kids N Culture’s (“KNC”) kidsnculture.org website (“Site”) and service (“Service”), you signify that you have read, understand and agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to be bound by these Terms of Use, you are not permitted to use or access the Site or Service in any way.
INFORMATION
You agree that all information you provide to this Site or otherwise is governed by KNC’s Privacy Policy (currently available at “Privacy Policy”) and you consent to all actions KNC takes with respect to your information consistent with the Privacy Policy.
SITE ACCESS
KNC reserves the right to change or withdraw this Site, in its sole discretion without notice. KNC is not liable if for any reason all or any part of the Site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively the “Content”), are owned by KNC and its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
“Kids N Culture” and “KNC” is a trademark of KNC. Other product and company names mentioned on the Site may be trademarks of their respective owners.
USE OF THE SITE AND SERVICE
The Site and Service are available for access and use solely by you for solely lawful purposes. You may use the Site and its Content for personal non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content or other subject matter that is displayed on or accessible through the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
The Content of the Site may include certain materials owned by third parties, and may be subject to terms and conditions in addition to these Terms of Use. You understand and agree that the Service may contain Content that has been contributed by other users of the Service, and that KNC is not responsible for the accuracy or intellectual property rights of, or relating to, any Content.
SUBMISSIONS
By using the Site and/or uploading any Content to the Site or communicating with KNC using the Site, you represent and warrant as a material part of these Terms of Use that any and all Content and related intellectual property you upload to or post on the Site or communicate to KNC using the Site ("Participant Content") does not in any way infringe upon any copyrights, trademarks, publicity rights, privacy rights, or other intellectual property rights of any third party.
Subject to the provisions contained in the Privacy Policy, you grant to KNC a worldwide, irrevocable, transferable, royalty-free, perpetual, exclusive license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate, sell, re-sell, publish and otherwise exploit any Participant Content provided by you in the course of your use of the Service, in whole or in part, in any form, media or technology, now known or hereafter developed in connection with the provision of the Service, and represent and warrant that you have sufficient rights in the Participant Content to grant such license.
You understand and acknowledge that you are responsible for any Participant Content you post including its legality, reliability, accuracy, and appropriateness.
KNC is not responsible or liable to any third party for the content or accuracy of any Participant Content communicated to KNC by you or any other user of the Site.
MAKING DONATIONS
When you are making a donation [or subscribing to our online newsletter], KNC asks you for personal contact information such as your name, mailing address, phone number and e-mail address and billing information. KNC may use this contact information to provide you with a receipt or financial report; to contact you to clarify or obtain additional information about a donation you made or to send you additional information about KNC.
You will always have the opportunity to opt-out of future communications from us.
You can make donations by following the instructions on the website. Donations can be made by debit card, credit card or by transferring money through Google Wallet.
Once a donation is made using the website, the transaction is final and cannot be disputed or reversed unless it was made fraudulently. If you become aware of any fraudulent use of your debit card, credit card or Google Wallet account, you should report this to your card operator or to Google in accordance with their reporting rules.
When you make a donation, it may be necessary for KNC to verify your identity or the details which you have given to us. You agree that you will provide such information or documents as KNC may reasonably request from time to time to enable KNC to do this.
INFORMATION PRIVACY
KNC reserves the right, and you authorize KNC, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, which may change from time to time without prior notice, is a part of these Terms of Use.
DISCLAIMER OF LIABILITY
You agree that there is no confidential or any other special relationship that is or should be formed by use of the Site or information contained on the Site.
KNC expressly denies liability and undertakes no responsibility for the conduct of organizations/partners or individuals that are listed on the Site.
THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KNC MAKES NO GUARANTEE OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL KNC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF KNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN KNC AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNC THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL KNC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless KNC, its affiliates, licensors, and service providers, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your Participant Content, any use of the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
PROHIBITED USES
It is a condition of using the Site and Service that you do not:
restrict or inhibit any other user from using or enjoying the Site or Service;
use the Site or Service to post or transmit any unlawful, defamatory, obscene, vulgar, pornographic, profane or indecent content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
use the Site or Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
use the Site or Service to post or transmit any information, software or other material that contains a virus or other harmful component;
use the Site or Service to post, transmit or in any way exploit any information, software or other material for commercial or advertising purposes;
use the Site or Service to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without KNC’s express written approval; or
gather for marketing purposes any email addresses or other personal information that has been posted by other users on the Site.
LINKING TO THE SITE
Hyperlinks to the Site may not state or imply any KNC sponsorship or endorsement of another website, publication, or service. KNC’s Content may not be incorporated into another website, publication, or service without KNC’s prior written approval. You agree to cooperate with KNC in causing any unauthorized framing or linking to stop immediately. KNC reserves the right to withdraw linking permission without notice.
LINKS TO OTHER SITES
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. KNC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
MODIFICATION OF TERMS
KNC reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Changes to these Terms of Use will be posted on this page and will indicate at the top of this page the date these terms were last revised.
Continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and KNC regarding the use of the Site, superseding any prior agreements between you and KNC regarding use of the Site. The failure of KNC to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance.
These Terms of Use are governed and interpreted pursuant to the laws of the state of New York notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms of Use will be finally resolved by arbitration conducted in the English language in New York under the commercial arbitration rules of the American Arbitration Association. The parties will appoint as sole arbitrator a retired judge who presided in the state of New York. The parties will bear equally the cost of the arbitration (except that the prevailing party will be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement, and KNC will be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use will continue in full force and effect. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.