These Terms of Service (the “Terms”) set forth the terms and conditions governing the use of the kidblog.org website/application (the “Service”) by all users (the “User,” “You,” “Your”). The Service is owned and operated by Kidblog Inc., a corporation organized under Delaware law (“Kidblog,” “We,” and “Our”). Use of the Service constitutes acceptance of these Terms. If you do not agree to these Terms, you should not use the Service.
CHANGES: Kidblog reserves the right to change the Terms at any time and for any reason. Review these terms regularly. Your continued use of the Service following the posting of any revisions will mean you accept the revisions and will be legally bound by them.
1. Eligibility to Use
Only adults may register to use the Service with full administrative privileges. Use of the Service by anyone under age 18 must be done so under adult supervision. Kidblog is intended as a teaching tool for use by teachers, students, librarians, administrators, parents, and anyone else involved in education. The adult (“Member”) registering (or maintaining/moderating) a “class” or “organization” and subsequently creating and/or adding students/users to the account is responsible for obtaining permission of a parent or guardian of any users under 13 who use the Service through class account. Kidblog does not intend that anyone under age 18 register as a Member. If you are under age 18 and register as a Member, you are violating these Terms.
2. Intellectual Property Rights; License
The Service is the property of Kidblog and its licensors, including all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material. The Service is protected by copyrights, trademarks, trade secrets, patents, and other proprietary rights. Kidblog hereby grants the Member and all other Users a limited, non-exclusive, non-transferable, license to use the Service for your own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. Kidblog reserves all intellectual property rights not expressly licensed under these Terms to itself and its licensors.
3. Content Submissions
All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to the Service, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Kidblog the royalty-free, world-wide perpetual, non-exclusive, transferable license to Kidblog to use, reproduce, modify, edit, publish, distribute and display such Content through the Service. Kidblog has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Kidblog shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Kidblog, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Service users and the public.
4. Content Rules
We ask you to follow these rules when submitting, posting or sharing Content: (a) you shall not upload to, distribute through or otherwise publish through the Service any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Service to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Service only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Kidblog; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.
5. Premium Service
A premium version of the Service (the “Premium Service”) shall be provided at the fee set forth on Kidblog website Service ordering page (the “Service Fee”). The Customer shall pay the Service Fee (and all applicable sales or use taxes) when they submit their online order for the Premium Service. You shall pay the Service Fee by credit card by submitting the required payment information on Kidblog’s online ordering page (the “Payment Information”). Customer hereby grants Kidblog the right to use the Payment Information You have submitted (e.g. card/account number, expiration date and security code) to accept payment of the Service Fee (the term shall be set forth on Kidblog website Service ordering page; the initial term and any subsequent renewal term shall be referred to as the “Term”). In addition to any other rights granted to Kidblog herein, Kidblog reserves the right to suspend or terminate Your right to access and use the Premium Service if Kidblog is unable to use the Payment Information to accept payment of the Service Fee. You may cancel the Premium Service any time by visiting your account and adjusting your membership settings.
UNLESS YOU CANCEL OR NOTIFY US AS LEAST THREE (3) DAYS PRIOR TO THE END OF THE TERM THAT YOU DO NOT WANT TO CONTINUE TO USE THE PREMIUM SERVICE, THE PREMIUM SERVICE WILL AUTOMATICALLY RENEW FOR A PERIOD OF TIME EQUAL TO THE ORIGINAL TERM YOU SELECTED. THE SERVICE FEE FOR THE PREMIUM SERVICE FOR EACH SUBSEQUENT RENEWAL TERM SHALL BE THE THEN-CURRENT SERVICE FEE, COLLECTED USING PAYMENT INFORMATION WE HAVE ON RECORD FOR YOU. THE SERVICE FEE IS NON-REFUNDABLE.
6. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Kidblog makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, or otherwise. Kidblog shall have no liability for any interruptions in the use of this Service. Kidblog disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability
Kidblog shall not be liable for any damages or losses resulting from use of the Service by Members or any other Users. Further, Kidblog shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of this Service or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kidblog has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Member and all Users shall indemnify and hold Kidblog, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of any use of the Service (including your Content), the Member’s failure to obtain, if necessary, a parent or guardian’s approval of their child’s use of the Service, the Member or student’s use of the Service in violation of school rules or state and/or federal laws, the violation of this Agreement, or infringement by any User of any intellectual property or other rights of any person or entity.
9. The Member’s Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. The Member agrees to notify Kidblog of any unauthorized use of the Member’s account or any other breach of security known to the Member. The Member’s right to use the Service is personal to the Member. The Member agrees not to resell or make any commercial use of the Service without the express written consent of Kidblog.
11. Modifications and Interruption to Service
Kidblog reserves the right to modify or discontinue the Service with or without notice to the Member or any other User. Kidblog shall not be liable to any person should it exercise this right. The Member and other Users acknowledge and accept that Kidblog does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
12. Third-Party Sites
Our Service may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such sites. We have no control over any third party websites and encourage our Members and Users to be careful when visiting other websites.
13. Governing Law and Jurisdiction
Our website is operated and provided from our offices in the State of Minnesota. As such, these Terms are governed by the laws of the State of Minnesota. No conflict of law’s provisions of any jurisdiction will apply to these terms. We make no representation that our website or other services are appropriate, legal or available for use in other legal jurisdictions. Any disputes regarding the interpretation, application, or enforcement of these Terms must be brought in the state or federal courts located in Minneapolis or St. Paul, Minnesota, United States.
14. Copyright Information
Kidblog respects the intellectual property rights of others, and requires that the people who use the Service do the same. It is our policy to respond promptly to any claims that intellectual property rights are being violated via the Service. If you believe that a work that you own or have rights to has been copied and made accessible on the Service in violation of your rights, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) the identification of the copyrighted work at issue; (c) the identification of the material that is claimed to infringe the copyrighted work and information reasonably sufficient to permit Kidblog to locate the material, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
Attn.: Copyright Officer
212 Third Avenue North
Minneapolis, MN 55401
“Kidblog” and “Kidblog.org” are trademarks of Kidblog Inc. All other marks, names, and logos used within the Service are the property of Kidblog or their respective owners. Your use of the Kidblog trademarks and other marks, names and logos set forth within the Service without our prior written consent is strictly prohibited.
16. Account Termination/Suspension
Kidblog retains the right, at our sole discretion, to refuse service to anyone, for any reason, at any time. Such termination may be effected without prior notice in Kidblog’s sole discretion. Kidblog shall not be liable to any User or other party for any such termination. Kidblog reserves the right to delete or save a User’s content upon a termination in its sole discretion.
17. Other Terms
These terms shall not create an agency, partnership, franchise, or joint venture relationship between Kidblog and any Member or User. All notices made pursuant to these Terms must be delivered in person or by means evidenced by a delivery receipt to the principal business or permanent residence address of the party receiving the notice. The Member or User may not assign these Terms to any third party without the prior written consent of Kidblog. These Terms shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Any express waiver or failure by Kidblog to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision. Kidblog is not liable under these Terms for any breaches caused by events or conditions beyond that its control. These Terms state the entire agreement of Kidblog and all Users relating to its subject matter. These Terms may not be modified unless a duly authorized representative of Kidblog consents.
Copyright © 2009-2016 by Kidblog Inc. All rights reserved.