Welcome to the Kids in the House website. Kids in the House LLC. (“we”, “our” or “us”) operates the website at the domain names: http://www.kidsinthehouse.com (“Our Site”). The services offered by us include the providing of the content found on Our Site and all other features, contests, or applications offered from time to time by us (collectively, the “Services”) on Our Site and dedicated pages that may be hosted through third party websites, including social media sites (“Third Party Sites”) (Our Site and the Third Party Sites shall hereinafter be collectively referred to as the “Websites”). The Services and Our Site are hosted in the United States.
Additionally, in order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, which may include the terms and conditions of Third Party Sites, and such additional terms are hereby incorporated into this Agreement by this reference.
I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Websites requiring registration and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party content providers, merchants, advertisers, sponsors, service providers and licensors (collectively, "KITH Providers") due to such unauthorized use. We reserve the right to remove or reclaim any username at any time for any reason, including based on claims that the username infringes upon a third party’s rights.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Websites or Services at any time (including refusing to post or removing anything posted by you), for any or no reason, with or without prior notice, and without liability, including in the event we stop offering the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Websites or Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
II. ONLINE CONDUCT
You, as a user, agree to use the Websites only for lawful purposes. As specified in more detail below, you are prohibited from posting on or transmitting through Our Site or any Third Party Site, any content, including any text, videos, graphics, music, sounds, performances, photographs, comments, information, data, software, graphs, and other material of any kind (collectively "Content"), or taking any other action of any kind, that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to posting any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or other applicable law.
Additional prohibited activities include, but are not limited to:
- criminal or tortious activity, including spamming, spimming, and sending of viruses or other harmful files;
- attempting to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Websites or the content therein;
- accessing the Websites’ content through any technology or means other than the technology provided by or explicitly authorized by us or the Third Party Websites;
- using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services;
- using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
- interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites;
- attempting to impersonate another user or person;
- soliciting personal information from anyone under 18;
- collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
- using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
- using any information obtained from the Services or the Websites in order to harass, abuse, or harm another person;
- using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Websites or Services. If we are notified of any Content or other materials posted by you that violate the prohibitions herein, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Websites. In addition to any other rights described herein, we reserve at all times, the right to terminate your Account, restrict your access to the Websites, remove any Content from the Websites, and/or prohibit any conduct or communication that we deem in our sole discretion to violate this Agreement or any applicable law or third party right or that may be harmful to us, to individual users, to the Websites, to the communities that use the Websites, or to any rights of Kids in the House LLC, or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable Content after online posting. Accordingly, we shall assume no liability for any action or inaction with respect to conduct, communication, or Content on the Websites.
A. Not Medical Advice
All content on the Websites, including any User Submissions and content from Third Party Sites, is strictly for informational purposes only. The content is not intended to be a substitute for professional medical, pediatric or psychiatric advice, diagnosis, or treatment. Always seek the advice of a doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on the Websites.
Kids in the House LLC does not recommend or endorse any specific tests, experts, doctors, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided in the content found on the Websites is solely at your own risk.
B. Proprietary Rights
With the exception of Content posted by other users of the Websites (“User Submissions”) and content owned by Third Party Websites, all materials contained on the Websites, including all aspects of the Services and the software, graphics, pictures, videos, music, text and look and feel of Our Site, and all trademarks (including KIDS IN THE HOUSETM), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Kids in the House LLC, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Websites, in whole or in part.
C. Uploading Of Content
You are prohibited from posting on or transmitting through Our Site or any Third Party Sites (e.g., through uploaded content, an author chat or user forum, online review or comment posted on the Websites, or any contest submissions) any Content that infringes upon a third party’s intellectual property rights (including copyrights or trademark rights) or is defamatory, damaging, illegal, or offensive.
It is our policy to terminate the Account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should display a phrase such as "Copyright, [name of owner] [date]; used with permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
D. License to Use Your Content
By submitting Content, including any ideas or suggestions made by you, (“Your Content”) to any user-submission areas of the Websites, including, without limitation, uploading any materials or participation in any contests, promotions, chats or forums or posting Content in any comments section of the Websites, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, disclose, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content, in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in Your Content.
You also hereby grant each user of the Websites a non-exclusive license to access Your Content through the Websites, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Websites and under this Agreement. The above licenses granted by you with respect to Your Content are perpetual.
YOU EXPRESSLY AGREE THAT THE FOREGOING LICENSES ARE MADE ON A ROYALTY-FREE BASIS AND THAT YOU HAVE NO EXPECTATION OF ANY COMPENSATION ARISING IN ANY MANNER THEREFROM.
Subject to these grants, you retain any and all rights which may exist in Your Content.
E. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use Your Content, and any and all patent, trademark, trade secret, copyright or other proprietary rights therein and to enable inclusion and use of Your Content in the manner contemplated herein. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Websites will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
F. Third-Party Content & User Submissions
You acknowledge that Kids in the House LLC is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the Content posted by such third parties (including User Submissions) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including User Submissions, are those of the respective authors or distributors and not of Kids in the House LLC or its affiliates or any of their officers, directors, employees, or agents.
While we retain the right to filter or reject User Submissions and other Content posted by third parties, we review User Submissions and other third party Content in a limited gate-keeper fashion and have no obligation to investigate whether any Content or other User Submissions violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Submissions or any other Content posted to the Websites by anyone other than Kids in the House LLC.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Websites retain ownership of their User Submissions. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Submissions in whole or in part.
G. Embedded Videos
Under certain circumstances, we may allow you to embed content found on the Websites on your personal website. You agree not to distribute our content in any medium except through functionality we provide that allows you to embed our content on your site. You further agree that you will not embed the videos on any commercial site or any site that is pornographic or offensive, contains unlicensed copyrighted works, or violates the laws in any manner. Finally, you may not modify, build upon, or block any portion or functionality of the player we may provide, including but not limited to links back to Our Site and presence of our trademark and/or logo within the player. We may disable your ability to embed our content at any time with or without notice.
H. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Websites that contains errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice.
IV. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any Content, including User Submissions, or other materials, posted on the Websites constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2) notifications of claimed copyright infringement should be sent in writing to our Designated Agent via fax to (310) 899-6826 or e-mail to email@example.com Please address such correspondence to “Copyright Agent” and use “Notice of Infringement” in the subject line. In addition, to be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
V. NON-COMMERCIAL USE
The Websites are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Websites or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites, is prohibited. Without limiting the foregoing, you are expressly prohibited from featuring any embedded videos from our Websites on any page of an ad-enabled blog or website containing advertisements or other profit-making features.
VI. AGE OF USERS
We do not intend the Websites to be used by minors under the age of 13 and specifically prohibit the use of the Websites by persons under the age of 13. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before making use of the Services. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
VII. ELECTRONIC COMMUNICATIONS
When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Websites may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any linked to third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
IX. THIRD-PARTY MERCHANTS / PROVIDERS / SITES
The Websites may enable you to order and receive products and/or obtain information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such third party businesses are solely between you and such businesses. We do not endorse, warrant, or make any guarantees with respect to such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information.
X. DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE IS PROVIDED BY US, AND OUR WEBHOST, AND THE THIRD PARTY SITES ARE PROVIDED BY THE APPLICABLE THIRD PARTIES, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, ADVERTISERS, SPONSORS, SERVICE PROVIDERS OR LICENSORS (EACH A “KITH PROVIDER”) MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES; OR (IV) THAT THE WEBSITES, THEIR SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF KIDS IN THE HOUSE LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY KITH PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KIDS IN THE HOUSE LLC’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.
NEITHER WE NOR ANY KITH PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH KITH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL KIDS IN THE HOUSE LLC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID KIDS IN THE HOUSE LLC IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
XI. INTERNATIONAL USE
The Websites are intended solely for users within the United States of America. Accessing materials on the Websites by persons in certain countries other than the U.S. may not be lawful, and we make no representation that materials on the Websites are appropriate or available for use in locations outside the United States. If you choose to access the Websites from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable laws.
XII. APPLICABLE LAW; JURISDICTION
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Websites (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
XIII. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold us, the KITH Providers, Third Party Sites, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Websites or through the Services causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. By using the Websites, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. This Agreement is deemed accepted upon any use of the Websites or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Websites and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.