AGREEMENT BETWEEN USER AND KIDSSOUP, INC.
Updated February 2, 2019
Welcome to KidsSoup! KidsSoup.com, ABCTwiggles.com, and StoryTwiggles.com comprise a set of Web sites and services operated by KidsSoup, Inc., as well as other Web sites like TwiggleMagazine.com, EarTwiggles.com, Preschoolactivitybox.com, Fathersdaycraftbox.com, and Halloweenpartybox.com (collectively referred to hereafter as "KidsSoup Sites" or "KidsSoup Site").
The following are trademarks or service marks of KidsSoup, Inc.: KidsSoup, KidsSoup.com, EarTwiggles, ABC Twiggles, ABCTwiggles.com, Story Twiggles, and StoryTwiggles.com. The names of actual companies and products listed on the KidsSoup Sites may be the trademarks of their respective owners.
You agree to be bound by these TOU, and you indicate such agreement by your use of any of the KidsSoup Sites.
1. Licensing. Your subscription to any of the KidsSoup Sites does not constitute the purchase of the materials on the site. Your subscription constitutes a license to use the materials on the KidsSoup site as long as the subscription is in effect. If for any reason the subscription is terminated, you may no longer use these materials, as the license to use the materials is no longer in effect. If the subscription is terminated, all materials printed or downloaded from the KidsSoup site must be destroyed immediately.
Licenses to use a particular KidsSoup Site are available in the form of single user or multi-user school licenses. For single user licenses, the materials printed from the KidsSoup site may be duplicated for use in a home or in a single classroom and may be sent home with students enrolled in that specific classroom. The materials may not be shared with colleagues or friends, or used throughout an entire school or school district, unless each classroom teacher within such school or school district has obtained a subscription to the KidsSoup site. For multiple user licenses, the materials printed from the KidsSoup site may be duplicated for use only in the number of classrooms corresponding to the number of users in the license and may be sent home with students enrolled in those specific classrooms. The materials may not be shared with colleagues or friends, or used throughout an entire school or school district, unless each classroom teacher within such school or school district has obtained a subscription to the KidsSoup site.
2. Term; Recurring Fees; Billing. If you purchase a subscription to a KidsSoup site, such as KidsSoup.com or ABCTwiggles.com, the initial term of the subscription shall commence on the date it is purchased and continue until one year from the day the subscription was purchased. Each subscription will automatically renew (therein referred to as 'Automatic Renewal Program') each year for additional one-year periods commencing on the day of the 1 year anniversary of the day in which the subscription was purchased unless (i) you cancel the automatic renewal payment; or (ii) your subscription is cancelled or (iii) we terminate your subscription.
Renewal subscription fees will be billed annually and automatically charged to your credit card in the amount of the then current subscription fee, 14 calendar days prior to the first day in which your current subscription term expires. Occasionally, we might offer incentives for renewing memberships at a discounted price.
3. Cancellation; Termination; Expiration. If you purchase a subscription to any KidsSoup site, such as ABCTwiggles.com or KidsSoup.com,
(a) You have the right to cancel your Membership at any time. There are no refunds for cancellation of a membership. If a membership is renewed as part of the Automatic Renewal Program, you will only be entitled to a refund of your Membership fee if you cancel during the first ten (10) days of your renewal Membership term. You can cancel your Membership by (i) contacting us via email at email@example.com.
(b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, interfere with the technological operation of this site or, or be harmful to our interests in any way. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
c) Upon cancelation, termination, or expiration of your membership you must destroy all materials obtained from the KidsSoup Site whether made under the terms of this Agreement or otherwise. Failure to do so will constitute an unlawful and unfair business practice which could result in KidsSoup obtaining any injunctive or equitable relief that KidsSoup deems necessary or appropriate.
4. Permitted Use. Unless otherwise specified herein or agreed upon by KidsSoup, the KidsSoup Sites are only for your personal, educational, and noncommercial use. KidsSoup retains all rights with respect to the KidsSoup Sites except those expressly granted to you in this agreement. The information, artwork, text, video, animation, audio, pictures, content, software, trademarks, service marks, and other intellectual property on the KidsSoup Sites are the proprietary property of KidsSoup and/or its suppliers and are protected by U.S. and international copyright and other intellectual property laws. In the event that you print materials found on the KidsSoup Sites, you must include any copyright notice originally included with the materials on all copies.
You agree not to give, sell, or distribute materials from any of the KidsSoup Sites to any non-subscribers. You agree not to duplicate, publish, display, modify, create derivative works from, or otherwise distribute the material or access to the materials on the KidsSoup Sites unless specifically authorized in writing by KidsSoup to do so. You agree not to frame, or assist third parties in framing, any of the Web pages contained in the KidsSoup Sites.
5. Links to Third-Party Sites. The KidsSoup Sites may contain links or produce search results that reference links to third party Web sites (collectively "Linked Sites"). KidsSoup has no control over these Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or materials available on Linked Sites. KidsSoup cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. KidsSoup does not endorse the content of any Linked Site, nor does KidsSoup warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the KidsSoup Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk and that you may not make any claim against KidsSoup for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org, and we will investigate the link and take appropriate action.
6. No Unlawful, Disruptive, or Prohibited Use. As a condition of your use of the KidsSoup Sites, you warrant to KidsSoup that you will not use the KidsSoup Sites for any purpose that violates local, state, national or international laws or regulations; or prohibited by these TOU. You agree not to use the KidsSoup Sites in any manner that could damage, disable, overburden, or impair the KidsSoup Sites or interfere with any other party's use and enjoyment of the KidsSoup Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KidsSoup Sites.
7. Use of Communication Services. Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. KidsSoup reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You may not collect or store personal data about other users.
8. Privacy and Disclosure of Information. We believe your privacy and the privacy of all our users is important. Please review our Privacy Notice. If you post any content to the KidsSoup Sites, by electronic mail or otherwise, we will treat it as non-confidential and nonproprietary to you. By posting any content on the KidsSoup Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under age thirteen (13), you may not post any personally identifying information about yourself on the KidsSoup Sites without the express permission of your parent, guardian, or school. KidsSoup reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at KidsSoup's sole discretion.
9. Ownership of Submitted Content. You agree that any and all information, ideas, and suggestions that you provide to the KidsSoup Sites, including, without limitation, KidsSoup.com, ABCTwiggles.com and/or any of its subsidiaries or affiliates, becomes the exclusive property of KidsSoup, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to KidsSoup upon submission of the information. Additionally, you agree to defend, indemnify, and hold KidsSoup and its affiliates, subsidiaries, officers, directors, agents, and employees harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with any claims that the information you provide to the KidsSoup Sites infringes on any copyright, trademark, patent, or any other intellectual property right of any third party.
10. Your Account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree to provide true, accurate, current, and complete information about yourself, including all personal and payment information as prompted by the registration forms located in any of the KidsSoup Sites; KidsSoup does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use KidsSoup only with involvement of a parent or guardian. KidsSoup and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
11. Warranty Disclaimer. KidsSoup does not promise that the KidsSoup Sites will be error-free or uninterrupted or that the KidsSoup Sites will provide specific results from your use of any content, search, or link on them. The KidsSoup Sites and all content within them are delivered on an "AS IS" and "AS AVAILABLE" basis. KidsSoup does not warrant or represent that files you download from the KidsSoup Sites will be free of viruses, worms, trojan horses, or any other harmful component feature. KIDSSOUP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE KIDSSOUP SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL KIDSSOUP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE KIDSSOUP SITES.
13. Indemnity. You agree to defend, indemnify, and hold KidsSoup and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Access to the KidsSoup Sites. You are solely responsible for any and all costs of obtaining access to the KidsSoup Sites. That access may involve Membership fees due and payable to KidsSoup and third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees and charges. In addition, you must provide and are responsible for all equipment necessary to access the KidsSoup Sites.
15. Designated Contact for Alleged Copyright Infringement. KidsSoup respects the intellectual property of others and asks that you do the same. If you believe some content on the KidsSoup Sites has been copied in such a way as to constitute copyright infringement, please provide to KidsSoup the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• 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 statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
KidsSoup‘s Agent for notice of claims of copyright infringement on its site can be reached as follows:
5663 Balboa Ave. Suite # 350
San Diego, CA 92111
16. General. This agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of law of provision. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, and further agree that any cause of action arising under this agreement shall be brought in such venue. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. KidsSoup failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between KidsSoup and you with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, whether written or oral. You agree that these TOU and all incorporated agreements may be automatically assigned by KidsSoup, in its sole discretion, to a third party in the event of a merger or acquisition.