TERMS AND CONDITIONS OF USE
REGISTRATION ON THE SITE
By registering for the Site, you represent and warrant that you are at least 13 years of age. When you register for the Site, you will be asked to enter certain personal information. We collect personally identifying information such as your name, age and e-mail address during registration. In registering for and using the Site, you agree that you will not use a false or misleading name or give false or misleading information. If you provide inaccurate information or LoveKids suspects that your information is incorrect or in the event that LoveKids reasonably determines that your conduct is inconsistent with these terms and conditions, we reserve the right to suspend and/or terminate your account hereunder. Upon completing the registration process, you are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify LoveKids of any unauthorized use of your account or any other breach of security.
USE OF LOVEKIDS MATERIALS LOCATED ON THIS SITE
This Site is owned and/or operated by LoveKids, LLC. No material from this Site or any website owned, operated, licensed, or controlled by Owner (“Material”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose other than as expressly provided for herein is a violation of the Owner and/or its licensees’ copyrights and other proprietary rights. Except, as otherwise specifically outlined herein, the use of any such material on any other website or networked computer environment is prohibited. LoveKids and/or its licensees own any and all worldwide rights, title and interest in and to the Material, including without limitation all intellectual property rights thereto. The Site and the Material are protected by United States copyright law andinternational treaties.
No logo, graphic, sound or image from any Owner site may be copied or retransmitted unless expressly permitted by Owner. You will not delete or in any manner obscure or alter the copyright, trademark and other proprietary rights notices or markings appearing on the Site.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this server, including any files images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are the copyrighted work of Microsoft, Netscape or other indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. OWNER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONDUCT ON THIS SITE
You understand that LoveKids specifically disclaims any and all responsibility for your and/or third party information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials on this Site ("Content"), whether publicly posted or privately transmitted. LoveKids does not guarantee the accuracy, integrity or quality of such Content. LoveKids is not responsible for lost, stolen, illegible or misdirected Content.
You represent and warrant that you have all necessary rights to provide your Content to LoveKids for use as described herein and that your use of the Site and any Content: (1) does not violate any law or regulation; (2) does not infringe in any manner on any intellectual property rights of any third party; (3) does not breach any duty toward or rights of any person or entity, including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (4) does not containinformation that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal; and (5) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information.
LINKS TO AND FROM THIS SITE
Owner permits the linking to its sites from any other site so long as the linking site is not a competitor of Owner and does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner's Site and must be to the entire site rather than to a particular page or graphic. Permission to link to any Owner site is temporary and at Owner's sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Site by Owner unless expressly indicated.
"Forum" means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this Site. You shall not upload to, distribute through, or otherwise publish through this Site any Content that is libelous, defamatory, obscene, pornographic, threatening, harassing, misleading, invasive of privacy or publicity rights, abusive, illegal (including promoting illegal activity or behavior) or which is in violation of another's copyright, trademark or other proprietary rights.
It is important to understand that LoveKids does not pre-approve, prescreen or otherwise approve the content posted on the Forum nor is LoveKids responsible for any Content posted on its Forums. You should take specific precautions to carefully protect your identity and other private information about yourself and should not post any such information that you do not want publicly or virally disseminated.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. In the event that you are submitting content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner and its licensees a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.
DIGITAL MILLENNIUM COPYRIGHT ACT
By accepting the terms of this Agreement, you understand and agree that LoveKids is in compliance with all terms of the Digital Millennium Copyright Act of 1998 (the “DMCA”), 17 U.S.C. §512 et seq. LoveKids shall have the right, per §512 of the DMCA, with appropriate notice to remove, take down or otherwise disable your Content that is claimed to be infringing, irrespective of whether your Content is ultimately determined to be infringing. You agree that LoveKids shall be in compliance with §512 (c) (2) of the DMCA by sending written notice to your last known email and U.S. mailing addressdetailing the alleged infringement. Upon such email, LoveKids shall have the right to remove your Content. You may report any suspected infringement to
Those who choose to access this Site from other locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable of the country where you reside or are accessing the Site. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the Unites States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
THE SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE AND IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, SHALL LOVEKIDS OR ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENCIES, ASSIGNS AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH LOVEKIDS (“RELEASEES”) BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE SITE, ITS FORUMS OR THE INABILITY TOUSE THE MATERIALS ON THIS SITE, EVEN THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RELEASEES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify and hold the LoveKids, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content, any third party applications, Software or Content you post or share on or through the Site (including through the Forums), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, orany violation of this Agreement or of any law or the rights of any third party.
These terms shall be governed by and construed in accordance with the laws of the State of New York, 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 state or federal courts located in New York, New York, 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 shallnot affect the validity and enforceability of any remaining provisions.