OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of U.S. Kids and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. U.S. Kids hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of U.S. Kids. Use of U.S. Kids and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of U.S. Kids. In no event shall U.S. Kids assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. You hereby authorize U.S. Kids to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, U.S. Kids will have the right to use and change the Postings in any manner that U.S. Kids may determine. Additionally, U.S. Kids may sweep its chatrooms and/or message boards periodically in its sole discretion. U.S. Kids does not allow Postings which contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that U.S. Kids deems in its sole discretion to be inappropriate for this Site.
The chatrooms/message boards/forums may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although U.S. Kids periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, U.S. Kids will make every effort to ensure that the chatrooms/message boards/forums best serve the interests of all users and, therefore, U.S. Kids reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please contact us via mail or phone about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
U.S. Kids provides rules and/or guidelines for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by U.S. Kids and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation that appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
U.S. Kids offers certain e-commerce services including the ability to purchase goods and services via the U.S. Kids shop(the “E-Commerce Service”). Additional terms apply to your use and access of these E-Commerce Services and such Additional Terms are incorporated herein by reference.
Some of the E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. U.S. Kids is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. U.S. Kids does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on a U.S. Kids shop web page. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider.
U.S. Kids does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. U.S. Kids and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. U.S. Kids is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, U.S. KIDS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY U.S. KIDS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall U.S. Kids’ liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by U.S. Kids, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and U.S. Kids does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, U.S. Kids is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither U.S. Kids nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, U.S. Kids will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site-and that is beyond our control. If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware.
- Install antivirus software.
- Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
You agree to indemnify, defend and hold harmless, U.S. Kids, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. U.S. Kids reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with U.S. Kids in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and U.S. Kids shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of Indiana. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
U.S. Kids operates and controls this Site from its offices 3520 Guion Road, Indianapolis, IN 46222, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.