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The following terms and conditions govern all uses of CoolKindergarten, www.coolkindergarten.com and all content, services and products available at or through the Web sites and related offerings (collectively referred to here as the “Site”). The Site is owned and operated by CoolKindergarten and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site (collectively referred to here as the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old.
1. Contributions. If you comment, post material, post links or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video, file, computer software or material in another format. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or anything else that is harmful or destructive;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, CoolKindergarten has the right (though not the obligation) to, in CoolKindergarten’s sole discretion (i) refuse or remove any content that, in CoolKindergarten’s reasonable opinion, violates any CoolKindergarten policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in CoolKindergarten’s sole discretion.
2. Responsibility of Site Visitors. CoolKindergarten has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, CoolKindergarten does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CoolKindergarten disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Sites. CoolKindergarten has not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Site links, and that link to the Site. CoolKindergarten does not have any control over other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or web page, CoolKindergarten does not represent or imply that it endorses such web site or web page. CoolKindergarten disclaims any responsibility for any harm resulting from your use of such web sites and web pages.
4. Copyright Infringement. As CoolKindergarten asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify CoolKindergarten in accordance with the Digital Millennium Copyright Act. CoolKindergarten will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of CoolKindergarten or others, CoolKindergarten may, in its discretion, terminate or deny access to and use of the Site.
5. Intellectual Property. This Agreement does not transfer from CoolKindergartens to you any intellectual property of CoolKindergarten or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with CoolKindergarten. All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of CoolKindergarten or CoolKindergarten’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any CoolKindergarten or third-party trademarks.
6. Changes. CoolKindergarten reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. CoolKindergarten may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. CoolKindergarten may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site.
8. Disclaimer of Warranties. The Site is provided “as is.” CoolKindergarten and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CoolKindergarten nor its suppliers and licensors make any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
9. Limitation of Liability. In no event will CoolKindergarten, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CoolKindergarten under this agreement during the twelve (12) month period prior to the cause of action. CoolKindergarten shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless CoolKindergarten, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between CoolKindergarten and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CoolKindergarten, or by the posting by CoolKindergarten of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Joseph County, Indiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CoolKindergarten may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Digital Millennium Copyright Act Notice
If you believe that content available by means of the Site (as defined in our Terms of Service above) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If CoolKindergarten takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to be sent to leslie(at)coolkindergarten(dot)com as plain text emails without attachments and include the following or they will be deemed invalid:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit CoolKindergarten to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a contributor of Content and access to portions of your Content have been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your Content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to leslie(at)coolkindergarten(dot)com as plain text emails without attachments and include the following or they will be deemed invalid:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before disabling access; and
- A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.