Terms of Use
Updated September 12, 2008
Introduction
Welcome to Tips from Kids, and TipsFromKids.com.
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. By using this Website, or by clicking any box that indicates that you accept and/or agree to these Terms of Use, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website.
The following legal restrictions and Terms of Use apply to TipsFromKids.com and any other site owned and/or operated by or on behalf of Tips From Kids, LLC, or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as the “Website” and "TipsFromKids.com" and "TipsFromKids.org" and "Tips from Kids" and “we”).
Here’s an easy, clickable index of the Terms of Use, below:
About the TipsFromKids.com Content:
Ownership Rights
Tips from Kids, LLC, and/or our licensors or licensees, own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, graphics, text, audio, photographs, illustrations, other visuals, video, copy, software, titles, Flash files, etc.), code, data and materials thereon, the look and feel, layout, design and structure of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to, any copyrights, trademark rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, data, code or materials you may access from the Website.
Your Usage
Except as we specifically agree in writing, no content from TipsFromKids.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the TipsFromKids.com Website, except that where TipsFromKids.com is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and (c) do not use the content in a manner that suggests an association with any of our products, services or publications. Any business use, "re-mailing" or high-volume or automated use of TipsFromKids.com is prohibited.
Prohibited Usage
Any commercial or promotional distribution, publishing or exploitation of TipsFromKids.com, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Tips From Kids, LLC. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through TipsFromKids.com. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through TipsFromKids.com, including, without limitation, the alteration or removal of any trademarks, service marks, trade names, logos, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of TipsFromKids.com, or the content, code, data or materials thereon or available through TipsFromKids.com, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Trademarks
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Tips From Kids, LLC, and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Tips From Kids, LLC, that appear on the TipsFromKids.com or on or through TipsFromKids.com services, if any, are the property of their respective owners. Nothing contained on TipsFromKids.com should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on TipsFromKids.com without the written permission of Tips From Kids, LLC or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website's services is strictly prohibited.
Copyrights
We respect the intellectual property rights of others, and require that those who use TipsFromKids.com, or the services or features made available through TipsFromKids.com, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward all of the following information to us via hard-copy certified paper mail, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A written statement by you, made under penalty of perjury, that all of the above information in your notice is fully accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf.
The above required information should be sent to Tips From Kids, LLC, PO Box 16, Andover MA 01810 USA.
If You Submit Material to Us
Unless specifically requested, we do not solicit nor do we wish to receive any private, confidential, secret or proprietary information or other material from you through the Website, by mail, e-mail or in any other way. Any remarks, layouts, information, creative works, ideas, suggestions, concepts, systems, designs or any other materials submitted or sent to us (collectively "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Website's Privacy Policy. By submitting or sending Submitted Materials to us, you:
- Represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and
- You grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transform, display and incorporate into other works any Submitted Materials (in whole or part) in any form, format, medium, or technology now known or later developed, including for commercial and/or promotional purposes. We cannot be responsible for retaining or maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time, for any reason.
About the Liability & Responsibility of TipsFromKids.com:
Disclaimers
THE CONTENT LOCATED ON OR OTHERWISE RELATED IN ANY WAY TO TIPSFROMKIDS.COM OR ANY THIRD PARTY WEBSITES, PUBLICATIONS OR SERVICES LINKED TO FROM ANY TIPS FROM KIDS WEBSITE IS PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, READABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT ANY TIPS FROM KIDS WEBSITES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USAGE OR THE RESULTS OF THE USAGE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST TIPS FROM KIDS, LLC, WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON TIPSFROMKIDS.COM IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
TipsFromKids.com and any related or linked websites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content found therein or generated by our users.
The content of TipsFromKids.com is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or about health and well-being. You should not act or refrain from acting on the basis of any content included in, or accessible through, TipsFromKids.com without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
Indemnification
You agree to defend, indemnify and hold Tips From Kids, LLC, and Tips From Kids, LLC 's and its affiliates' managers, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including any attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms of Use. Tips From Kids, LLC, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Tips From Kids, LLC's defense of such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TIPS FROM KIDS, LLC, OR ANY OF ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT PROVIDERS OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, DATA, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE OR MAIL OR EMAIL, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TIPS FROM KIDS, LLC, OR $100 IN U.S. DOLLARS (WHICHEVER IS LESS) FOR YOUR ACCESSING OF THE WEBSITE OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE PROTECTED ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THE LIMITATIONS, INDEMNIFICATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAY TERMINATE YOUR FURTHER ACCESS TO TIPSFROMKIDS.COM OR CHANGE TIPSFROMKIDS.COM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Links to Other Sites
You may be able to link from the TipsFromKids.com to third party websites and third party websites may link to TipsFromKids.com ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may be provided by or through Linked Sites. You acknowledge that when you click on any of the aforementioned links to third party websites, the websites you are taken to are not controlled by us; different terms of use and privacy policies may apply, and we are not responsible for such websites or any content found therein. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on TipsFromKids.com does not imply our endorsement, sponsorship, or recommendation of that site. Tips From Kids, LLC, disclaims any liability for links (i) from another website to this Website and (ii) to another website from TipsFromKids.com. We cannot guarantee the standards of any website to which links are provided on TipsFromKids.com nor shall Tips From Kids, LLC, be held responsible for the contents of such sites, or any subsequent links. Tips From Kids, LLC, does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Tips From Kids, LLC, is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
No Personal Advice
The content located on or otherwise related in any way to TipsFromKids.com or any third party websites, publications, vendors or services linked to from any Tips From Kids website is not intended to be a substitute for professional educational, medical, legal, psychiatric, employment or other advice. Always seek the advice of your physician with any questions you may have regarding a medical condition or about health and well-being. If you think you may have a medical emergency or other serious condition or situation, contact your doctor or call 911 immediately. Additionally, if you have concerns or a situation in which you may require any professional advice, then you should consult with an appropriately qualified professional in the relevant field. Reliance on any information appearing on TipsFromKids.com strictly is at your own risk.
Jurisdiction
We control, manage and operate TipsFromKids.com from offices located in the United States of America. We make no representation that materials on TipsFromKids.com are appropriate or available for use in any particular location. Those who choose to access TipsFromKids.com from any location do so on their own initiative, and are responsible for compliance with all applicable laws including any applicable local laws.
Any software from this website is further subject to United States export controls. Any software from TipsFromKids.com may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software from TipsFromKids.com, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Specific Rules and Guidelines about Your Usage:
Rules of Conduct
You warrant and agree that, while accessing TipsFromKids.com and the various services and features offered on or through TipsFromKids.com, you shall not: (a) impersonate any person, persons or entity or misrepresent your affiliation with any other person, persons or entity; (b) insert your own or any third party's advertising, messaging or other content into any of TipsFromKids.com’s messages, materials, content or services, or in any way use, republish, redistribute or exploit such materials, content or service for any further promotional or commercial purposes; or (c) attempt to gain unauthorized access to any other computer systems through TipsFromKids.com. You shall not: (i) engage in “data-mining,” "database scraping," spidering, "screen scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic or unauthorized means of obtaining lists of users or any other information from or through TipsFromKids.com or the services offered on or through TipsFromKids.com, including and without limitation any information residing on any machine, server or database connected to the Website or the services offered on or through TipsFromKids.com; (ii) use TipsFromKids.com or the services made available on or through TipsFromKids.com in any manner with the intent to disable, interrupt, impede, damage, overburden, or impair TipsFromKids.com or any such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with messages or requests; (iii) obtain or attempt to obtain any unauthorized access to any data, computer systems, materials or information through any means whatsoever; (iv) use TipsFromKids.com or TipsFromKids.com’s features or services in violation of Tips From Kids, LLC's or any third party's intellectual property or other proprietary or legal rights; or (v) use TipsFromKids.com or TipsFromKids.com‘s materials, information or services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's or any entity’s attempt) to bypass, circumvent, reverse engineer, decrypt, or otherwise alter, impede or interfere with TipsFromKids.com or TipsFromKids.com’s services, or any materials or content thereof, or make any unauthorized use thereof. You agree that you shall not use TipsFromKids.com in any manner that could damage, impede, disable, distort, overburden, or impair TipsFromKids.com or interfere with any other party's use of TipsFromKids.com or any of its offerings of services. You shall not obtain or attempt to obtain any data, materials or information through any means not intentionally made publicly available or provided for through TipsFromKids.com.
Derogatory, harmful, hurtful or unlawful conduct is not permitted on TipsFromKids.com. Users are not permitted to upload to, distribute through, or otherwise publish through TipsFromKids.com any content which is obscene, pornographic, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage any criminal offense, violate the rights of any person, group or entity, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on TipsFromKids.com.
Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of TipsFromKids.com. Please be sure that any such information is information that you are comfortable sharing with the public. Please see the Tips from Kids Privacy Policy.
Public Forum
TipsFromKids.com may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through TipsFromKids.com. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through TipsFromKids.com or any service or feature made available on or through TipsFromKids.com, any content or materials which (i) restrict or inhibit any other user from accessing, using and enjoying TipsFromKids.com or any TipsFromKids.com services, (ii) are unlawful, abusive, fraudulent, harassing, libelous, threatening, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spy-ware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person, persons or entity, whether actual or fictitious. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Linking to TipsFromKids.com
You agree that if you create, allow or include any link from any other website to TipsFromKids.com, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of TipsFromKids.com. You are not permitted to link directly to any image hosted on TipsFromKids.com or TipsFromKids.com’s services, such as using an "in-line" linking method to cause the image hosted by TipsFromKids.com to be displayed on another website. You agree not to download or use images hosted on TipsFromKids.com on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to TipsFromKids.com in any manner such that TipsFromKids.com, or any page of TipsFromKids.com, is "framed," surrounded or obfuscated by any third party content, materials or branding. You may not link to TipsFromKids.com from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in TipsFromKids.com’s sole discretion. We reserve all of our rights under the law to insist that any link to TipsFromKids.com be discontinued, and to revoke your right to link to TipsFromKids.com from any other website at any time upon written notice to you.
Miscellaneous Terms of Use:
Changes
Tips from Kids, LLC, reserves the right, at its sole discretion, to change, modify, add or delete any portion of the Terms of Use, in whole or in part, at any time, for any reason or for no reason. Changes in the Terms of Use will be effective when posted. Your continued use of TipsFromKids.com and/or the services made available on or through TipsFromKids.com after any changes to the Terms of Use are posted will be considered acceptance of those changes.
Termination
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from TipsFromKids.com, along with all related documentation and all copies and installations. Tips from Kids, LLC, may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this Terms of Use agreement. Upon termination, you must destroy all materials. Tips from Kids, LLC, may terminate, change, suspend or discontinue any aspect of TipsFromKids.com or TipsFromKids.com’s services at any time. Tips from Kids, LLC, may restrict, suspend or terminate your access to TipsFromKids.com and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Tips from Kids, LLC, maintains a policy that provides for the termination in appropriate circumstances of TipsFromKids.com use privileges of users who are repeat infringers of intellectual property rights.
Miscellaneous
These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the Commonwealth of Massachusetts (without regard to conflict-of-law provisions).
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
Privacy Policy:
About Privacy
Tips from Kids, LLC, provides adults with advice and insight from kids. While we encourage the interactive nature of online media, we also strive to educate adults and kids about how to appropriately safeguard their privacy when online. TipsFromKids.com is committed to complying fully with the Children's Online Privacy Protection Act of 1998. We urge all kids to check with their parents or guardians before entering any information on any website and we urge parents to discuss with their kids restrictions regarding the online release of personal information to anyone they don't know.
Because this subject is such a high priority for Tips from Kids, LLC, we have created a separate page dedicated solely to our Privacy Policy. Throughout the TipsFromKids.com Website, we have placed this bold link to the Privacy Policy page.
