1. ACCEPTANCE OF TERMS
KIDZLIST's on-line services which are available at the KIDZLIST Site will, among other things, help you find businesses/services you are looking for by allowing you to get reviews from other KIDZLIST users, post and share these reviews with KIDZLIST users, and view third party postings/reviews regarding similar businesses/services.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of KIDZLIST or use the KIDZLIST Site and the Resources. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the KIDZLIST Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the KIDZLIST Service is void where prohibited by applicable law, and the right to access the KIDZLIST Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the KIDZLIST Site and/or KIDZLIST Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The KIDZLIST website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
3. CHANGES TO THIS AGREEMENT
You agree and understand that these Terms of Service, the KIDZLIST Site and the KIDZLIST Resources may be modified by KIDZLIST at any time without prior notice, and such modifications will be effective upon KIDZLIST's posting of the new terms and/or upon implementation of the new changes on the KIDZLIST Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the KIDZLIST Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by KIDZLIST, any new features, new services, enhancements or modifications to the KIDZLIST Service implemented after your initial access to the Service shall be subject to these Terms of Service.
You understand that all postings, messages, text, files, images, photos,video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that KIDZLIST does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the KIDZLIST site and Content available through the Service may contain links to other websites, which are completely independent of KIDZLIST. KIDZLIST makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will KIDZLIST be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that KIDZLIST does not pre-screen or approve Content, but that KIDZLIST shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5. CONTENT POSTED BY YOU ON THE KIDZLIST SITE.
- You are solely responsible for any Content and other material that you submit, publish or display on the KIDZLIST Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by KIDZLIST.
- You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that KIDZLIST may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of KIDZLIST violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the KIDZLIST Site and/or other website users.
- You are solely responsible for your ratings and reviews of businesses listed on KIDZLIST. KIDZLIST reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Content on the KIDZLIST Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, KIDZLIST, its contractors, and the users of the KIDZLIST Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that KIDZLIST shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other KIDZLIST users for purposes of constructing or populating a searchable database of business reviews.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the KIDZLIST Site. KIDZLIST reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the KIDZLIST Service and terminating the membership of such violators or blocking your use of the KIDZLIST Service and/or KIDZLIST Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the KIDZLIST Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
6. THIRD PARTY CONTENT, SITES, AND SERVICES
The KIDZLIST site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of KIDZLIST, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these
You agree that KIDZLIST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third party, you understand and agree that KIDZLIST is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release KIDZLIST, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutescopyright infringement, or your intellectual property rights have beenotherwise violated, please notify KIDZLIST's agent for notice of claims ofcopyright or other intellectual property infringement ("Agent"), at abuse@KIDZLIST.org
PO Box 1368
Lake Oswego, OR
Please provide our Agent with the following Notice:
a) Identify the material on the KIDZLIST site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
KIDZLIST will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
8. PRIVACY AND INFORMATION DISCLOSURE
and other user information, if required to do so by law or in the good faithbelief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that anyContent violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of KIDZLIST, its users or the general public.
9. REGISTRATION AND SECURITY
In order to use or access some of the KIDZLIST Services, you may be required to register with KIDZLIST and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide KIDZLIST with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. KIDZLIST reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the KIDZLIST Service shall be for your personal use only. You agree to (a) immediately notify KIDZLIST of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
10. RESTRICTIONS ON RIGHTS TO USE.
You agree that you shall not (and you agree not to allow any third party to):
o modify, adapt, translate, or reverse engineer any portion of the KIDZLIST Site and/or KIDZLIST Service;
o remove any copyright, trademark or other proprietary rights notices contained in or on the KIDZLIST Site and/or KIDZLIST Service or in or on any Content or other material obtained via the KIDZLIST Site and/or KIDZLIST Service;
o use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the KIDZLIST Site and/or KIDZLIST Service;
o access, retrieve or index any portion of the KIDZLIST Site and/or KIDZLIST Service for purposes of constructing or populating a searchable database of business reviews;
o collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other KIDZLIST users or members;
o reformat or frame any portion of the web pages that are part of the KIDZLIST Site and/or KIDZLIST Service;
o create user accounts by automated means or under false or fraudulent pretenses;
o create or transmit unwanted electronic communications such as "spam" to other users or members of the KIDZLIST Site and/or KIDZLIST Service or otherwise interfere with other user's or member's enjoyment of the KIDZLIST Site and/or KIDZLIST Service;
o transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
o use of the KIDZLIST Site or KIDZLIST Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
o copy or store any Content offered on the KIDZLIST Site for other than your own use;
o use any device, software or routine that interferes with the proper working of the KIDZLIST Site and/or KIDZLIST Service, or otherwise attempt to interfere with the proper working of the KIDZLIST Site and/or KIDZLIST Service;
o take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
o use the KIDZLIST Site and/ or KIDZLIST Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
o collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
11. USE OF THE SITE/SERVICES
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the KIDZLIST Site to solicit reviews from, and share reviews with other KIDZLIST users; search the KIDZLIST database for reviews and business contact information; forward reviews to people you know, whether or not they are existing KIDZLIST users; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the KIDZLIST Service ("Content"), and other items displayed on the KIDZLIST Site, for your own use. You may not copy or distribute any portion of the KIDZLIST Site and/or KIDZLIST Service for any purpose not authorized above without the express written permission of KIDZLIST. KIDZLIST does not control the Content posted by third parties via the KIDZLIST Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement foremployment a preference or requirement based on race, color, religion,sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,unless otherwise required in order to comply with law, regulation,executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a KIDZLIST employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right tomake available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the KIDZLIST sites which are not designated for such purposes; or emailed to KIDZLIST users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Oregon law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
o) that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negativelyaffects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwisemanipulated identifiers in order to disguise the origin of Contenttransmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawfulpurposes;
u) use automated means, including spiders, robots, crawlers, data miningtools, or the like to download data from the Service - unless expressly permitted by KIDZLIST;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to KIDZLIST's computer systems or engage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Service or the KIDZLIST website; or
y) use any form of automated device or computer program that enables the submission of postings on KIDZLIST without each posting being manually entered by the author thereof (an "automated posting device"), includingwithout limitation, the use of any such automated posting device to submitpostings in bulk, or for automatic submission of postings at regular intervals.
13. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on KIDZLIST's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from KIDZLIST. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from KIDZLIST.
14. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to KIDZLIST email addresses or through KIDZLIST computer systems, which isexpressly prohibited by these TOU, will use or cause to be used servers located in Oregon. Any unauthorized use of KIDZLIST computer systems is a violation of the TOU and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
15. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area.Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
16. LIMITATIONS ON SERVICE
You acknowledge that KIDZLIST may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that KIDZLISThas no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that KIDZLIST reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that KIDZLISTshall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
17. ACCESS TO THE SERVICE
KIDZLIST grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by KIDZLIST. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. KIDZLIST permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such useis for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100)postings, your use will be presumed to be in violation of the TOU,absent express permission granted by KIDZLIST to do so. You may also create a hyperlink to the home page of KIDZLIST sites so long as the link does not portray KIDZLIST, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
KIDZLIST offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. KIDZLIST permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'KIDZLIST' as the source, (d) your use or
display does not suggest that KIDZLIST promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden
KIDZLIST's systems. KIDZLIST reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you byKIDZLIST immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for otherpurposes (including commercial purposes) not stated herein, you must firstobtain a license from KIDZLIST.
18. TERMINATION OF SERVICE
You agree that KIDZLIST, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation,if KIDZLIST believes that you have acted inconsistently with the letter orspirit of the TOU. Further, you agree that KIDZLIST shall not be liableto you or any third-party for any termination of your access to the Service.
19. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright lawsand international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant tocopyrights laws, and international conventions. Any reproduction,modification, creation of derivative works from or redistribution of thesite or the collective work, and/or copying or reproducing the sitesor any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the expresswritten consent of KIDZLIST. You further agree not to reproduce, duplicate or copy Content from the Service without the express written
consent of KIDZLIST, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. KIDZLIST is a registered mark in the U.S. Patent
and Trademark Office.
Although KIDZLIST does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to KIDZLIST an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant KIDZLIST all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
20. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE KIDZLIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE KIDZLIST SITE AND THE SERVICE ARE PROVIDED ON AN "ASIS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
KIDZLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,TIMELINESS, ACCURACY, AND PERFORMANCE OF THE KIDZLIST SITE AND THESERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDZLIST DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THEKIDZLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ONTHE KIDZLIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDZLIST
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE KIDZLIST SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
21. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KIDZLIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KIDZLISTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANYASPECT OF YOUR USE OF THE KIDZLIST SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE KIDZLIST SITE OR THE SERVICE, FROM INABILITY TO USE THE KIDZLIST SITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE KIDZLIST SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE KIDZLIST SITE OR THE SERVICE OR ANYLINKS ON THE KIDZLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE KIDZLIST SITE
OR THE SERVICE OR ANY LINKS ON THE KIDZLIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions,limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold KIDZLIST, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,including reasonable attorney fees and court costs, made by any third partydue to or arising out of Content you submit, post or make available throughthe Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
23. GENERAL INFORMATION
The TOU constitute the entire agreement between you and KIDZLIST and govern your use of the Service, superseding any prior agreements between youand KIDZLIST. The TOU and the relationship between you and KIDZLIST shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and KIDZLIST agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Clackamas, Oregon. The failure of KIDZLIST to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a courtof competent jurisdiction to be invalid, the parties nevertheless agree thatthe court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain infull force and effect. You agree that regardless of any statute or law tothe contrary, any claim or cause of action arising out of or related to useof the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) forreview, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for KIDZLIST to pursue legal action to enforce the TOU, you will be liable to pay KIDZLIST the following amounts as liquidated damages, which you accept as reasonable estimates of KIDZLISTs' damages for
the specified breaches of the TOU:
a. If you post a message that
(1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a person orentity; or
(3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
KIDZLIST one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptiveparodies of public figures.
b. If KIDZLIST establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, youagree to pay KIDZLIST one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access KIDZLIST inexcess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to KIDZLIST email
addresses or through KIDZLIST computer systems, you agree to pay
KIDZLIST twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay KIDZLIST one hundred dollars ($100) for each Item of Content posted. In its sole discretion, KIDZLIST may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to pay KIDZLIST one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay KIDZLIST an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in violation of the TOU without KIDZLIST's express written permission, you agree to pay KIDZLIST three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay KIDZLIST's actual damages, to the extent suchactual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, KIDZLIST retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
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