OUR KIDS LLC
TERMS OF USE

Please read these Terms of Use before using the Site (as defined below) or submitting content in any form or medium for publication. By continuing to use the Site, or by submitting content for publication or otherwise on the Site, you agree to abide, and that you are bound, by these Terms of Use. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these Terms of Use. The most current version of these Terms of Use can be viewed at any time at: our-kids.com.

1. General

OUR KIDS LLC (“Our Kids”) operates a website, our-kids.com, which provides family-friendly news, event information, and other services (hereinafter the “Site”). By accessing, browsing, or using the Site, you are a “user” of it, and acknowledge that you have read, understand, and agree to be bound by these terms using the Site and Services (the “Terms of Use”).

2. Intellectual Property

The material provided on the Site is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties, and owned by Our Kids. Except as otherwise authorized by the Terms of Use, none of the Site content may be copied, reproduced, distributed, republished, downloaded, displayed, modified, exploited, entered into a database, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Our Kids. Permission is only granted to display, copy, distribute and download the materials from the Site for personal, non-commercial use in an unmodified form. You also may not, without Our Kids’ permission, “mirror” any material contained on the Site on any other server. This permission terminates automatically if you breach any of the Terms of Use.

3. Unauthorized Access and Activities

To maintain the integrity and functionality of the Site, access to the Site and/or activities related to the Site that are harmful to, inconsistent with or disruptive to the users’ beneficial use and enjoyment of the Site are expressly unauthorized and prohibited. Such activities include: (a) the collection of users’ personal information; (b) the unauthorized copying aggregation, display, distribution, performance or derivative use of any content posted on the Site; (c) any effort to decompile, disassemble or reverse engineer all or any part of the Site in order to identify, acquire, copy or emulate any source code or object code; (d) any activities that are inconsistent with use of the Site or these Terms of Use; and (e) any attempt to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Use.

Cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. Additionally, CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

4. Suspension or Cancellation of Site

The Terms of Use are effective until terminated by us. Our Kids reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part thereof with or without notice to you. You agree that Our Kids shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, Our Kids reserves the right to terminate your access to the Site for any reason, and to take any other actions that Our Kids, in its sole discretion, believes to be in the interest of itself and of its users as a whole.

5. Indemnification

You agree to indemnify, defend and hold Our Kids, its members, employees, contractors, representatives, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers (together referred to herein as “Our Kids”), harmless from and against all claims, actions, demands, losses, expenses, liabilities, settlements, damages and costs relating to or arising out of: (a) your use of or reliance on any Site content; (b) your use of third party content accessed via the Site; and (c) any violation by you of the Terms of Use. This indemnification obligation includes payment of any attorneys’ and/or accountants’ fees and costs incurred by Our Kids or its representatives. Our Kids reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

6. Disclaimers

INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. our kids DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE. OUR KIDS DOES ITS BEST TO PROVIDE ACCURATE INFORMATION ABOUT EVENTS AND DETAILS. WHENEVER POSSIBLE, WE LINK OUR LISTINGS TO THE EVENT’S OFFICIAL WEBSITE, AND WE STRONGLY URGE YOU TO CLICK THROUGH AND CONFIRM DETAILS BEFORE YOU GO.

OUR KIDS IS IN NO WAY RESPONSIBLE FOR ANY PROBLEMS OR INJURIES THAT OCCUR WHILE PARTICIPATING IN ACTIVITIES POSTED ON THIS SITE.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SITE CONTENT IS FOR YOUR REFERENCE ONLY.

OUR KIDS IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE SITE. BECAUSE OUR KIDS HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT OUR KIDS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT OUR KIDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. Your use of THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDISIONS OF USE FOR SUCH SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR KIDS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OUR KIDS BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXAMPLARY DAMANGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE, EVEN IF OUR KIDS OR ANY OUR KIDS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF OUR KIDS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE, AND EVEN IF OUR KIDS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

8. User Comments & Feedback


You agree that any material, user comments, feedback, and ideas that you transmit to the Site or otherwise provide (“Transmissions”) shall be and remain Our Kids’ property. All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of the Site in any manner that does not reveal your identity.

In addition, you agree that you are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

9. Release of Information

Our Kids reserves the right to disclose any personal information about you or your use of the Site, including but not limited to its contents, without your prior permission if Our Kids has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend Our Kids’ rights and property or our affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of Site users or others. Our Kids’ performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Our Kids’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and Services or information provided to or gathered by Our Kids with respect to such use.

10. Miscellaneous

a. Age Restrictions. You must be at least eighteen (18) years old to use the Site. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Site. Our Kids has no intention of collecting personal information from individuals under the age of eighteen (18).

b. Severability. If any one or more of the provisions of the Terms of Use is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of the Terms of Use, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.

c. Waivers. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the Terms of Use shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

d. Waiver of Jury Trial. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO.

e, Attorneys’ Fees. The prevailing party in any lawsuit or other proceeding regarding the Terms of Use shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.

f, Assignment. The Terms of Use, and any rights you may have under them, may not be assigned or transferred. Our Kids may freely assign the Terms of Use to any third party.

g. Headings. All headings used in the Terms of Use are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Use. Words of any gender used in the Terms of Use shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.

h. Entire Agreement. The Terms of Use constitute the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of the Terms of Use.