Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement posted September 2, 2007 and was last updated on February 15, 2008 (section 7B and 7C).
This Terms of Use Agreement sets forth the standards of use of the GreatIdeasForKids.com Online Service. By using the greatideasforkids.com website you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at greatideasforkids.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
GreatIdeasForKids.com is providing User with information. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by GreatIdeasForKids.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, GreatIdeasForKids.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, safety, reliability, or otherwise. GreatIdeasForKids.com shall have no liability for any interruptions in the use of this Website. GreatIdeasForKids.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
GreatIdeasForKids.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GREATIDEASFORKIDS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GREATIDEASFORKIDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold GreatIdeasForKids.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
GreatIdeasForKids.com reserves the right to modify or discontinue the Service with or without notice to the User. GreatIdeasForKids.com shall not be liable to User or any third party should GreatIdeasForKids.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that GreatIdeasForKids.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.
7A. Disclaimer Regarding Accuracy of Vendor Information
Product specifications, event details, and other information have either been provided by the Vendors or collected from publicly available sources. While GreatIdeasForKids.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
GreatIdeasForKids.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, or any recommended event, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7B. Disclaimer Regarding Accuracy of Editorials, Commentary, & Featured Expert Articles
Information provided on this site is made with the best intentions but only parents know what is best for their child. The information provided on this site is just a matter of opinion (the editors, readers who submit comments, featured experts, and whoever else is submitting their opinion). Even though opinions on GreatIdeasForKids.com are made with the best intentions, they are not facts and should not be regarded as facts. Every idea is great for some people but not for others. It is the responsibility of the reader to compare all posted opinions with their own thoughts and decide for themselves what is best for themselves and their children.
7C. Disclaimer Regarding Advertisers and Business Listings
GreatIdeasForKids.com makes no warranties or endorsements whatsoever with regard to any posted business, people, or product associated with a posted business. This includes: all businesses or people who appear in the business directory (as a plain or featured listing); all businesses or people mentioned in articles or local guides; all businesses who appear in the newsletter; all businesses offering coupons or discounts; all businesses who appear in graphic/banner advertisements; all businesses or people mentioned in comments made by editors, readers, or the featured experts; and all businesses or people mentioned anywhere else on this site.
GreatIdeasForKids.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, or any recommended event, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts [Colorado]
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State of Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Colorado.
9. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright Information
All content included or available on this site, including site design, customized graphics, text, and the organization thereof is ©2007 GreatIdeasForKids.com.com, with all rights reserved, or is the property of GreatIdeasForKids.com and/or third parties protected by intellectual property rights. (For a more detailed accounting of these third parties and their intellectual property, please refer to: http://www.greatideasforkids.com/index.php?option=com_content&task=view&id=50&Itemid= Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GreatIdeasForKids.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of GreatIdeasForKids.com.
The name "GreatIdeasForKids.com" may not be used in connection with any product or service that is not provided by GreatIdeasForKids.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GreatIdeasForKids.com.
All trademarks displayed on GreatIdeasForKids.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GreatIdeasForKids.com.
11. Notification of Claimed Copyright Infringement
Before any claim of copyright infringement, please refer to these additional disclosures about 3rd party copyrighted information on greatideasforkids.com: http://www.greatideasforkids.com/index.php?option=com_content&task=view&id=50&Itemid= (which is at the bottom of the greatideasforkids.com homepage and most pages.)
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, GreatIdeasForKids.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
GreatIdeasForKids.com
2288 Imperial Lane
Superior, CO 80027
By Telephone: 1 800 409-6184 x5565
By Email: faq _ inquiries (at) greatideasforkids.com (remove spaces from address)
12. Botnets
GreatIdeasForKids.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, GreatIdeasForKids.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by GreatIdeasForKids.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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