Welcome to KidzClix.net (the "Website") brought to you by KidzClix, Inc. This End User License Agreement (this "EULA") is a legal document that governs the terms and conditions of your subscription to the Website. You should read this EULA carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time. You are also agreeing to accept a non-exclusive, non-assignable right and license to use the Website, including the KidzConnect social networking features.
Please read these terms and conditions of this EULA carefully before joining the Website. By clicking I Agree on the button below, you signify your agreement to these terms of use, which constitute a binding legal agreement.
If you do not agree to these terms of use, click CANCEL and DO NOT set up a subscription account with the Website. Please Note: THESE TERMS AND CONDITIONS ALSO APPLY TO ANY AND ALL USE OF A USER ACCOUNT THAT HAS PREVIOUSLY BEEN SET UP. PLEASE READ THEM CAREFULLY. KidzClix.net may, in its discretion, change, modify, add, or remove portions of these terms at any time. Please periodically check for changes to these terms on the Website. Your continued use of the Website following the posting of changes to these terms means you accept all changes.
1. General
All software and documentation (collectively, the "Software") and any material provided on the Website (the "Content") accessed through the Software you are about to use on the Website are protected by United States and international laws, including copyright laws and treaties. KidzClix, Inc., its affiliates, and any subsidiary companies, and their licensors (collectively, "KidzClix, Inc.", "we", "us", or "our") own all right, title and interest to the Software.
2. Title Not Transferred
These terms do not transfer title to the Software or Content to you. KidzClix, Inc. and its licensors retain full and complete title to the Software and Content and all intellectual property rights therein. You acknowledge that ownership of the Software and the Website, and all intellectual property or other proprietary rights therein, shall remain with KidzClix, Inc. Nothing in this EULA shall be construed to give you any ownership in the Software, the Content, or the Website. You acknowledge that you have no right to use the Software, Website or Content other than as set forth in this EULA. All rights not expressly granted are reserved to KidzClix, Inc. The Website logos, characters, names and services referred to on the Website are registered trademarks or trademarks of KidzClix, Inc. which reserves all rights in them.
3. Log-In Information
You have been (or will be) provided with a valid user-name and password for the purpose of accessing the Software and the Content (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by you under the terms of this EULA. The unauthorized use of any Log-In Information, with or without your knowledge, shall be deemed a breach of this EULA, and may constitute a violation of KidzClix, Inc.�s copyrights. You are responsible for maintaining the security and confidentiality of your Log-In Information, and for preventing access to the Software or the Content by unauthorized persons. Unauthorized access to or use of the Software or the Content by someone using your Log-In information may be attributed to you.
4. Communications from KidzClix Inc.
KidzClix, Inc. will periodically contact you for customer service purposes, including, but without limitation, to provide Software information (such as Software updates and Content changes) and Software integration ideas. By accessing the Software and the Content, you consent to receive such communications.
5. License and Restrictions
KidzClix, Inc. hereby grants you a non-exclusive license to use the Software, the Content and the Website for personal, non-commercial use only. KidzClix, Inc. may configure the Software with certain tags that identify the version of the Software being used, which permit KidzClix, Inc. to update this version without further notice to you. KidzClix, Inc. and its affiliates have the right to poll your user account for the purpose of adding updated versions of the Software or to delete such versions automatically. You may not (and you agree not to permit another person) to: (a) redistribute, sell or otherwise copy the Software; (b) modify, translate or create derivative works based on the Software; (c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (d) remove any identification, copyright or other proprietary notices; or (e) create other software that incorporates the Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software is not intended for use in connection with any high risk or strict liability activity, and KidzClix, Inc. makes no warranty and shall have no liability in connection with the use of the Software in any such situations. This license may not be transferred to third parties, nor may you allow an unauthorized third party to gain access to the Software, the Content or any Log-In Information. Any violation of this provision constitutes a breach of this EULA, and grounds for immediate termination of your user account by KidzClix, Inc.
6. Use of the Account
As the registered member for a User Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses your User Account is aware of the terms of this EULA and complies with this EULA. Each person who uses a User Account agrees to be bound by the terms of this EULA, whether or not such person is a Member. You will notify us at [email protected] of any known or suspected unauthorized use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Log-In Information. We will have no liability for any circumstances arising from the unauthorized use of your Log-In Information or your Account. We may report any fraudulent, abusive, or otherwise illegal activity on your Account to appropriate law-enforcement agencies. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Website, including without limitation, Internet access software and modems. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Log-In Information, or any credit, debit, or charge card number that we were given), you must promptly change your password and notify KidzClix, Inc.
By accessing the Software or the Website or by using the Content, you warrant as follows: (i) you will comply with this EULA, as it may be amended pursuant to sections above; (ii) any materials you may merge with the Content, as permitted by this EULA, do not and will not contain any libelous, unlawful or infringing materials or content, and will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy; (iii) the Software, the Website and the Content shall not be modified or altered under any circumstances; (iv) all copyright, trademark and proprietary notices included with, attached to, or embedded in the Software, the Website or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to KidzClix, Inc. as the owner of the Software, the Website and the source of the Content; and (v) all Log-In Information shall be maintained confidentially.
The materials on the Website are owned or licensed by KidzClix, Inc., and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but members may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation of KidzClix, Inc.'s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom KidzClix has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws.
7. Billing Policy
A. Prepayment: All subscriptions must be pre-paid. KidzClix offers monthly, six-month, and twelve-month subscription packages.
B. Automatic Billing: On monthly subscriptions, the KidzClix billing system will bill your designated credit card once per calendar month until you cancel your Account. Three-, six- and twelve-month subscriptions are billed in full at the time of sign-up and renew automatically until you cancel your account. KidzClix subscriptions can be cancelled at anytime.�Refunds on three-, six- and twelve-month subscriptions will be pro-rated beginning with the month following your notification of cancellation. KidzClix is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to KidzClix for any reason, including charge back, KidzClix may either suspend or terminate your access and account, thereby terminating this EULA and all obligations of KidzClix hereunder, and thereafter to collect any amount due.
C. Revision to Subscription Fees: KidzClix may change the amount of, or basis for determining, any fees or charges for the KidzClix service, and to institute new fees or charges effective upon prior notice, by posting such changes on the Website, and by sending e-mails to members.
D. Account Cancellation: KidzClix subscriptions can be cancelled at anytime. Cancellation requests should be sent by e-mail to our Customer Service Department at [email protected].
You can also mail a letter to:
KidzClix Inc.
Attention: Customer Care Department
1822 Ridge Ave., Suite 100
Evanston, IL 60201
For more information, you may contact our Customer Service Department during our regular business hours of 10:00 am to 6:00 pm CST Monday � Friday at 1-847-864-4583. Refunds on six- and twelve-month subscriptions will be pro-rated monthly beginning with the month following your notification of cancellation. Cancellation requests received by regular mail will be based on the postmark date on the letter, and email cancellations will be based on the date the notification is received by KidzClix. Monthly subscriptions can be cancelled at any time by the procedure outlined above; however, there are no pro-rated refunds on monthly subscriptions. Automatic billing on cancelled monthly subscription service will stop at the end of the month in which your cancellation request is received by KidzClix.
E. Payment Options: KidzClix accepts Visa, MasterCard, American Express, and Discover.
F. Billing Security: KidzClix uses Secure Sockets Layer ("SSL") technology that sends your credit card data to computers in encrypted code.
G. Automatic Renewal: Subscriptions will be renewed automatically monthly, or in the case of six and twelve month subscriptions, on the anniversary of the subscription. Credit cards will be charged automatically. To cancel automatic renewal, please send an email to [email protected]
8. No Warranty
THE SOFTWARE, THE CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KIDZCLIX INC. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. KIDZCLIX DOES NOT WARRANT THAT THE SOFTWARE, THE CONTENT OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE, CONTENT OR THE WEBSITE ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY OTHER KIDZCLIX, INC. SITES (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDZCLIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE CONTENT OR THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT THE USE OF THE COMPUTER(S) BY WHICH YOU OR ANY OTHER PERSON FROM WHICH THE SOFTWARE IS ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KIDZCLIX, INC. OR THE WEBSITE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
9. Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, suppliers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney�s fees) incurred by the Indemnified Parties in connection with any claim arising out of your violation of this EULA and of your posting of material to the Website. 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 assume the exclusive defense and control of any matter otherwise subject to your indemnification.
10. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, THE CONTENT OR THE WEBSITE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, THE CONTENT OR THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE, THE CONTENT AND THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO KIDZCLIX INC. FOR THE SOFTWARE, THE CONTENT OR THE WEBSITE, IF ANY, FOR ACCESSING THE SOFTWARE, THE CONTENT, OR THE WEBSITE OR $50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
11. Jurisdiction
We operate from offices in the State of Illinois in the United States of America. We make no representation that the Software, the Content or the Website is appropriate or available for use in any particular location, region, or country. Those who choose to use the Software, the Content or the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Termination
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of the Software, the Content or the Website and the related services or any portion thereof at any time, without notice, and such termination may include an automatic closure of your user account by KidzClix, Inc. You may terminate these terms at any time by discontinuing use of the Software, the Content and the Website and canceling your user account. All refunds are subject to the refund policy stated above and in the account creation process.
a. Termination: KidzClix, Inc. may terminate this EULA immediately if: (i) this EULA is terminated in accordance with its terms; (ii) you violate this EULA; (iii) KidzClix, Inc. believes in good faith that your conduct violates or may violate applicable law; or (iv) KidzClix, Inc. believes in good faith that your conduct is harmful to the interests of KidzClix, Inc. or other subscribers or users.
b. Effect of Expiration or Termination: Upon expiration or prior termination of this EULA, and except for the continuing uses permitted described above, all rights granted herein shall terminate and revert to KidzClix, Inc., and all access to and use of Software, the Website and the Content must cease.
13. Export Law Assurances
You agree not to use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed country (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department�s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person�s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
14. Use of Materials You Submit
"Submissions" means all comments, feedback, suggestions, essays, personal experiences, photos, videos, artwork, e-mails, manuscripts, articles, text or similar information or materials that you submit to KidzClix.net. Submissions will not be confidential and will become the property of KidzClix.net upon submission to KidzClix.net. You (and your parents, if you are under age 18) represent and warrant that any Submission you provide to KidzClix.net will be complete and accurate. You (and your parents, if you are under age 18) acknowledge that you are responsible for the Submissions that you provide, and that you, not KidzClix.net, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, KidzClix.net does not prescreen or monitor any Submissions for copyright violations.
Except as expressly stated and agreed upon in advance by KidzClix.net, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to KidzClix.net (such as feedback, questions, comments, suggestions, ideas, etc.). If any KidzClix.net website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), KidzClix.net shall obtain, use, and maintain it in a manner consistent with its Website Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and KidzClix.net shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to KidzClix.net is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
If Submissions are posted, and unless KidzClix.net states otherwise in writing, you (and your parents, if you are under age 18) grant KidzClix.net a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You (and your parents, if you are under age 18) grant KidzClix.net and sublicensees the right to use the name that you submit in connection with such content, if they choose. You (and your parents, if you are under age 18) represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KidzClix.net for all claims resulting from content you supply. KidzClix.net has the right but not the obligation to monitor and edit or remove any activity or content. KidzClix.net takes no responsibility and assumes no liability for any content posted by you or any third party.
15. Privacy Policy
Use of any information gathered during, or by, your use of the Software shall be governed by KidzClix Inc.�s Privacy Policy. By using the Software, the Content, and the Website, you signify your agreement to KidzClix, Inc.�s Privacy Policy. If you do not agree to the Privacy Policy, do not use the Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of KidzClix, Inc.�s Privacy Policy at any time. Changes shall be posted on the Website. Your continued use of this Website following the posting of these changes to the Privacy Policy will mean you accept all changes.
16. Force Majeure
Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failures, strikes or labor disputes, acts of God, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party's control.
17. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in Chicago, Illinois, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. KidzClix, Inc.'s failure to insist upon strict enforcement of any provision of this EULA shall not be construed as a waiver of any provision or right. KidClix.net is a trademark of KidzClix, Inc. All other trademarks are the property of their respective owners.
