Terms of Use

LICENSE FOR USE
Creative Commons License
This website and its content is licensed subject to the terms set forth in the Creative Commons Attribution-ShareAlike 2.0 Common Deed as described by the Creative Commons at the following URL: http://creativecommons.org/licenses/by-nc-sa/2.0/

LINKS TO EXTERNAL WEBSITES
Kidzwire links to other Web sites not operated by Kidzwire, including sites where you can obtain products and services. While Kidzwire encourages you to consult such sites, Kidzwire has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. A link between Kidzwire and another site does not indicate any association with or endorsement of the linked site by Kidzwire. Kidzwire does not guarantee, approve or endorse the information available at these sites, including any promotional contests or sweepstakes offers.

Kidzwire does not co-sponsor, operate, endorse or guarantee any sweepstakes or contest offer that may be promoted from time to time by other companies or websites that may be accessible through links from this Web site.

Visitors assume complete responsibility and risk in their use of any external sites linked to from the Kidzwire website. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

YOUR USE OF THE NAMES "Kidzwire" AND "Kidzwire.com"
You understand that you may use the names "kidzwire" and "kidzwire.com," solely for the purposes of identifying your membership in the Kidzwire Network or for referring to Kidzwire in other works authored by you. You acknowledge that Kidzwire owns and reserves all right, title and interest in and to the "kidzwire" and "kidzwire.com" names, and that Kidzwire reserves the right to disapprove any use by you or by others of the "kidzwire" and "kidzwire.com" names. You agree that if requested by Kidzwire, you will promptly terminate all use of these names, and that Kidzwire may so request if any use of either of these names is not in accordance with the Terms of Use or this Membership Agreement, does not meet the high standards of quality established by Kidzwire with respect to the use of these names, or would expose Kidzwire to any risk of liability or loss. You agree to indemnify Kidzwire for any claims, liabilities, damages, costs and expenses (including attorneys' fees and costs) arising out of any use of the names "kidzwire" or "kidzwire.com" including any claim that any logo used by you that incorporates either of the names infringes the rights of any other person or entity. You hereby grant to Kidzwire the perpetual, non-exclusive, royalty-free, worldwide right and license to use any such logo that you create or is created by you for the purpose of advertising, promoting or otherwise marketing Kidzwire.com or other Kidzwire Network properties. You agree not to (i) take any actions that would adversely affect Kidzwire rights in the "kidzwire" and "kidzwire.com" names, or (ii) file any application or other document with any governmental authority to register any corporate name, trade name, trademark, service mark, certification mark, collective mark or other similar designation that includes the words "kidzwire" or "kidzwire.com" or any confusingly similar names, or (iii) take any other action that is inconsistent with Kidzwire’s rights in the names "kidzwire" and "kidzwire.com" (or aid or abet any third person in doing so).

POSTINGS ON KIDZWIRE.COM AND VISITOR-SUBMITTED CONTENT
Any communications made by you through this Web site in the form of postings, comments on other posts, or content submitted by you to us for posting to this Web site or any other purpose are referred to as "Visitor-Submitted Content."

Submit only appropriate content: Do not send us or attempt to post on this website anything that is illegal, obscene, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), threatening, defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Off-topic comments will also be treated as inappropriate content.

You have to own what you write: Do not attempt to use a false email address or impersonate any person or entity or otherwise attempt to mislead us or other visitors as to the origin of your Visitor-Submitted Content.

Do not submit content that harms others: You may not submit Visitor-Submitted Content that infringes in anymanner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not submit Visitor-Submitted Content that contains personally identifiable information about other people, such as their phone number, street address or e-mail address, or information about other people that could result in an invasion of their privacy or their harassment.

We can remove any content for any reason, but are not obligated to do so: Any content that, in our sole opinion, does not further our interest in running a family-oriented, safe website or is not relevant to the focus and audience of our website will be edited or removed without warning and without explanation. While we will make every attempt to promptly remove content that is inappropriate, Kidzwire is not obligated to do so.

We can use your content the same way you can use ours: You agree that, by submitting any Visitor-submitted Content to Kidzwire, you are granting to Kidzwire rights to use the content under terms defined by the terms set forth in the Creative Commons Attribution-ShareAlike 2.0 Common Deed as described by the Creative Commons at the following URL: http://creativecommons.org/licenses/by-nc-sa/2.0/

The submittal of postings to the Kidzwire website is governed both by the Terms of Use and the Membership Agreement.

ELECTRONIC COMMUNICATIONS
When you visit this Web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.

LIABILITY AND WARRANTY DISCLAIMERS

ALL CONTENT (including User-submitted Content), MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THIS WEB SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. KIDZWIRE AND ITS PARTNERS DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL KIDZWIRE, ITS OWNERS OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KIDZWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KIDZWIRE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COPYRIGHT COMPLAINTS
Kidzwire respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kidzwire with the written information specified below. Please note that this procedure is exclusively for notifying Kidzwire that your copyrighted material has been infringed.


Kidzwire's Copyright Agent for notice of claims of copyright infringement on this Web site can be reached at:
Kidzwire Site Administrator
admin@kidzwire.com

DAMAGES; INDEMNIFICATION
You agree that you will be responsible for any damages resulting from any violation of this Visitor Agreement. You further agree to indemnify and hold Kidzwire, and its owners, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Visitor Agreement, or any violation of any law or the rights of any third party that occurs in connection with your use of this Web site.

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or use of this Web site shall be filed only in the state or federal courts located in the County of Los Angeles, State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. To the extent you have in any manner violated or threatened to violate Kidzwire's intellectual property rights, the Terms of Use or Membership Agreement, Kidzwire may seek monetary damages, injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION AND SEVERABILITY
We reserve the right to make changes to these Terms of Use and our other legal notices at any time. By continuing to use this Web site following our posting of such changes, you agree to be bound by these Terms of Use as modified. Kidzwire may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time.

If any of provision of the Terms of Use shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these Terms of Use.