TERMS OF USE

The following rules govern the use by you of KidsWalk.org. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on KidsWalk.org (collectively, “*Information*”). By signing on and using KidsWalk.org, you specifically agree to abide by these rules and any modifications thereto.

 

1. Personal Uses Permitted.

KidsWalk.org is an online information exchange service for use by KidsWalk, Inc. and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.

 

2. User’s Obligation to Abide By Applicable Law.

In connection with the use of KidsWalk.org, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“*Applicable Law*”). The Information available on KidsWalk.org may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“*Intellectual Property Laws*”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. 

3. Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of KidsWalk, Inc. may, in the course of their regular duties, have access to communications for technical or operational purposes. KidsWalk, Inc. may also disclose any communications to the extent permitted or required by law.

 

4. Prohibition Against Rogue Programming.

You shall not post, transmit or make available in any way through KidsWalk.org any software or other materials which contain a computer virus, trojan horse, time bomb, worm or other rogue programming (“*Rogue Programming*”). KidsWalk, Inc. has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on KidsWalk.org is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

 

5. Content of Information.

You are responsible for the content of any Information you put on KidsWalk.org. The Information posted to KidsWalk.org does not necessarily reflect the views of KidsWalk, Inc. and in no event shall KidsWalk, Inc. assume or have any responsibility or liability for any information posted to KidsWalk.org or for any claims, damages or losses resulting from the use and/or appearance of such information on KidsWalk.org. KidsWalk, Inc. has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on KidsWalk.org. KidsWalk, Inc. reserves the right to review any Information that is or becomes available on KidsWalk.org. KidsWalk, Inc. reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in KidsWalk, Inc.’s sole discretion, unacceptable, undesirable or in violation of these rules. However, KidsWalk, Inc. has no obligation to exercise such reservation of rights by KidsWalk, Inc.; however, KidsWalk, Inc. has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the KidsWalk.org system or network who are repeat infringers. KidsWalk, Inc. may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to KidsWalk, Inc., you grant KidsWalk, Inc. a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. While KidsWalk, Inc. strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non- KidsWalk.org content to which we link.

 

6. Podcasts.

The MP3 audio files and XML files that together comprise a KidsWalk, Inc.-hosted podcast (herein referred to as the “*podcast*”) are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the producer, including the content and technology included therein, are reserved to the producer. KidsWalk, Inc.-hosted podcast(s) are available for personal, noncommercial use only. You may link to KidsWalk, Inc. podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:

 

1. you do not modify or delete any of the podcast content nor individual audio files;
2. you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from KidsWalk.org; 
3. the use or display does not suggest that KidsWalk, Inc. nor the producer of the podcast(s) promotes or endorses any third party causes, ideas, Web sites, products or services;
4. audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and KidsWalk, Inc.

 

For permission requests, please email us.

Producers and KidsWalk, Inc. reserve the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.

The podcast producer and/or KidsWalk, Inc. may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the podcast producer, KidsWalk, Inc., nor any related entity be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).

 

7. Disclaimer of Warranties.

KIDSWALK.ORG IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KIDSWALK, INC. DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT KIDSWALK.ORG WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

 

8. Limitation of Damages.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KIDSWALK, INC. OR ANY RELATED ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE KIDSWALK.ORG, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON KIDSWALK.ORG, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

 

9. Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KIDSWALK, INC. AND/OR ANY RELATED ENTITY ARISING FROM OR IN CONNECTION WITH YOUR USE OF KIDSWALK.ORG. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KIDSWALK, INC. AND ANY RELATED ENTITY FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF KIDSWALK.ORG OR FAILURE TO ABIDE BY APPLICABLE LAW.

 

10. Modifications.

These rules may be modified by KidsWalk, Inc. from time to time and such modifications will be binding on you when placed online.

 

This Terms of Use was updated on or about December 1, 2010.