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SOCIAL SMART KIDS
TERMS OF USE
(EFFECTIVE AS OF October 1, 2007)
PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact Social Smart Kids support by e-mailing your question to info@socialsmartkids.com.
This Social Smart Kids Terms of Use Agreement (this "Agreement") is a legal agreement between you and Social Smart Kids ("Social Smart Kids", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Social Smart Kids Club and Ask An Expert services (collectively, the "Social Smart Kids Services"), including our Web site http://www.socialsmartkids.com (the "Site").
We may from time to time modify these terms of use and will post a copy of the amended Agreement at Terms of Use. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Social Smart Kids Services (as defined below) or, if applicable, cancel your Social Smart Kids Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Social Smart Kids Services after any amendments are posted on the Site.
PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE SOCIAL SMART KIDS SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. DESPITE OUR EFFORTS TO PREVENT EXPLICIT CONTENT AND FROM INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE SOCIAL SMART KIDS SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE SOCIAL SMART KIDS SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOCIAL SMART KIDS SERVICES. YOU MAY BE DENIED ACCESS TO THE SOCIAL SMART KIDS SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
1.1 U.S. Residents; Age Requirement; Authority. In order to use any of the Social Smart Kids Services, you must be a resident of the United States of America and at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Social Smart Kids Services.
1.2 Registration. To use any aspect of the Social Smart Kids Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Social Smart Kids will use your Account Information in accordance with its privacy policy, as described in Section 7 of this Agreement. You agree that you will not allow others to use any aspect of your Account Information. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Social Smart Kids will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Social Smart Kids, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
2. LICENSE TO SOCIAL SMART KIDS SERVICES
2.1 License Granted. Social Smart Kids grants to you a limited, non-exclusive, non-transferable license to access and use the Social Smart Kids Services in the United States for personal non-commercial purposes only. If you subscribe to any of the Social Smart Kids Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.2 may result in the immediate termination of your right to use the Social Smart Kids Services. Social Smart Kids reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SOCIAL SMART KIDS SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Updates and Plug-ins. Social Smart Kids may from time to time make available to all users, Updates or Plug-ins at no cost or subject to additional fees in Social Smart Kids’ sole discretion. "Updates" means any updates, upgrades or error corrections to the Social Smart Kids Services that Social Smart Kids makes available generally to users of the Social Smart Kids Services. "Plug-ins" means any options, features or additional software licensed separately from Social Smart Kids that is designed to work in connection with the Social Smart Kids Services. Notwithstanding anything else contained in this Agreement, Social Smart Kids will have no obligation to continue producing or releasing new versions of the Social Smart Kids Services or any Updates or Plug-ins related thereto.
3. RESTRICTIONS
You agree that you will not:
3.1 use the Social Smart Kids Services to reproduce copyrighted materials;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the articles or content on the Social Smart Kids site unless noted otherwise;
3.3 make the Social Smart Kids Services available over a network (other than Social Smart Kids’ network) where it could be used by others;
3.4 provide your password to any other person;
3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Social Smart Kids Services or any portion of them;
3.6 circumvent any technology used by Social Smart Kids or its licensors to protect content accessible via the Social Smart Kids Services;
3.7 rent, lease or sublicense any of the Social Smart Kids Services; or
3.8 use the Social Smart Kids Services in any way that violates the terms of this Agreement.
4. COPYRIGHTS
As between you and Social Smart Kids, you acknowledge that Social Smart Kids owns or has a license to all title and copyrights in and to the Social Smart Kids Services. All title and intellectual property rights in and to the licensed content in the Social Smart Kids Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. Social Smart Kids TRADEMARKS AND THIRD-PARTY TRADEMARKS
The following are registered trademarks or trademarks of Social Smart Kids: Social Smart Kids, and its design logo, as well as certain other Social Smart Kids trademarks, service marks, graphics, and logos (collectively, the "Social Smart Kids Trademarks") used in connection with the Social Smart Kids Services. The Social Smart Kids Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Social Smart Kids Trademarks or the trademarks of any third party.
6. SECURITY
The Social Smart Kids Services utilize technology to protect transmitted information. Your use of the Social Smart Kids Services may be limited by such technology. You acknowledge that, from time to time, Social Smart Kids may modify or discontinue using such technology. Security modifications made by Social Smart Kids may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
7. PRIVACY POLICY
Unless otherwise addressed in this Agreement, the Social Smart Kids Services are subject to Social Smart Kids’ Privacy Policy, that can be found at http://www.socialsmartkids.com/main/privacy.php and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Social Smart Kids’ Privacy Policy. Social Smart Kids may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Social Smart Kids Services.
8. AGREEMENT TO PAY
If you elect to become a subscriber to the Social Smart Kids Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.
9. TERM
This Agreement will remain effective until terminated by you or terminated by us.
10. DISCLAIMERS
10.1 THE SOCIAL SMART KIDS SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE SOCIAL SMART KIDS SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCIAL SMART KIDS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOCIAL SMART KIDS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SOCIAL SMART KIDS SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SOCIAL SMART KIDS DISCLAIMS ANY LIABILITY RELATING THERETO.
10.2 SOCIAL SMART KIDS MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SOCIAL SMART KIDS SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SOCIAL SMART KIDS MAY MODIFY, SUSPEND, OR DISCONTINUE THE SOCIAL SMART KIDS SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER SOCIAL SMART KIDS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SOCIAL SMART KIDS SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. SOCIAL SMART KIDS DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SOCIAL SMART KIDS SERVICES. SOCIAL SMART KIDS WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SOCIAL SMART KIDS SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SOCIAL SMART KIDS ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY
11.1 IN NO EVENT WILL SOCIAL SMART KIDS BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF SOCIAL SMART KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOCIAL SMART KIDS OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
11.2 SOCIAL SMART KIDS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE SOCIAL SMART KIDS SERVICES AT ISSUE.
12. INDEMNITY
YOU WILL INDEMNIFY AND HOLD SOCIAL SMART KIDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE SOCIAL SMART KIDS SERVICES.
13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Social Smart Kids Services.
13.2 Social Smart Kids or its business partners may present advertisements or promotional materials on or through the Site and the Social Smart Kids Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Social Smart Kids is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
13.3 The Site and the Social Smart Kids Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.
13.4 The Social Smart Kids Services are owned or licensed by Social Smart Kids and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.5 If you know of, or suspect, copyright infringement, please send a notice to Social Smart Kids, Attn: Copyright Questions, P.O. Box 667, Westford, MA 01886. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
13.6 This Agreement will be governed by the laws of the State of Massachusetts. The exclusive jurisdiction for any claim, action or dispute with Social Smart Kids or relating in any way to your use of the Social Smart Kids Services will be in the state and federal courts of the State of Massachusetts and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Middlesex, Massachusetts.
13.7 Should you have any questions concerning this Agreement or need technical support, you may contact Social Smart Kids support by visiting http://www.socialsmartkids.com/support/.
13.8 Social Smart Kids may send notices to you with respect to the Social Smart Kids Services by sending an email message to the email address listed in your Account Information, by sending a letter via U.S. mail to the contact address listed in your Account Information, or by a posting a note on the Site when you access your account. Unless otherwise stated in the notices, the notices will become effective immediately.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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